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Pratibha Singhmar   25 August 2019

Labour condition in india

Land mark cases related to labour condition and problems


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 1 Replies

Akshay (Advocate)     06 February 2020

Hi 

Thank you for asking query

There are some cases am sharing  with you

1. Workmrn nof M/S Firestone Tyre And Rubber Co. of India V/S Management AIR.1973 SC 1227

In this case, the question for determination before the SC was aa to what was the interpretation of  section 11A of the Industrial Disputrs Act, 1947. this section stipulated the powers of the Labour Courts, Tribunals and National Tribunals to provide relief to wormen  who had been discharged or dismissed from service.

Since the section was added recently by way of an amendment  another question for determination was that whether this section would apply to the cases which already been instituited prior to the new amendment or not.

The SC held that the Industrials Disputes Act, 1947 was a benficial piece of legislation whcih had been enacted by the parliament in the best interest of the employees. Since it was a social welfare legislation, therefore the courts have to adopt a beneficial rule of construction.

It was further sheld that if two views arise in a case then the view which is going to help the employees is to be taken. Thus, the newly amended Section would apply to only the cases which had been instituted after the amendment had been brought in.

2.Hindustan Aeronautics Ltd. V /s  workmen AIR 1975 SC 1737

3. Steel Authority of India Ltd V/S National Union Water Front Workers AIR2001 SC 3527

Hope this will help you

Best regards

Akshay Gupta


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