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Sarjooram Sharma (Assistant Labour commissioner)     20 January 2010

Industrial Disputes Act 1947

Industrial Disputes Act 1947

Seasonal Workers:
Section 25-A, 25-B(2) read with setions 2(oo)(bb) and 25-F - where a workman has been employed for a seasonal work or for tremporary period, he cannot be said to have been retrenched in view of section 2(oo)(bb). Whether the owrk in a particular industry is of a seasonal nature, the decision of the appropriate government is final. In facts of instant case, the appellant has nto brought any evidence to this effict of record. Hence, no interference is warranted with the finding that the work in appellant industry was nto of a seasonal nature. Further no interference warranted with the finding that the respondent had worked for 240 days in the preceeding calandar year, as it was for the employer, who werer in possession of all relevant records, to show to the contrary by the producing the relevant record in evidence. Lastly, the delay in making of the reference was due to the time concerned in conciliation proceedings, for which the respondents could not be blamed. Not interference is warranted in the judgment impugned. Appeal is dismissed. - S.C. dated 09-11-2009 in civil appeal no. 7463 of 2009 between Director Fisheries Terminal Division v/s Bhikubhai Meghajibhai Chavda. {2009(123)FLR (S.C.)(875)}
Change in Service Conditions:
Section 9-A, 33, 33-A and 25-F - complaint under setion 33-A - Breach of Section 33 - Daily rated labourers - engaged by employer for various activities relating to agriculture research farms, fisheries, dairies, veternary and other allied sciences - Daily rated labourers felt aggrieved by chang of their service conditions during pendency of reference without following procedure and filed separate complaint under Section 33-A alleging breach of section 33 - Through they do not hold any post but have condidions of service. - Settlement dated 22-8-80 provides conditions when they shall be treated as permanent and hours of work per day. Thus the provisions in the settlement is nothing but conditions of service of the concern workmen- NO new settlement entered not any award has replaced this settlement. Hence the settlement continues to regulate the conditions of service. Therfore, these daily rated labourers were continue to be given only one day off in a week untill the change was effected vide circular dated 3-10-91. and Industrial Court and High Court not erred in relying upon the settlement. There is change in conditions of service. S.C. dated 31-7-09 in civil appeal no. 7358 of 2000 : Gujarat Agriculture University V. All Gujarat Kamdar Karmachari Union. {2009(123)FLR377}


 7 Replies

Vijayarajan (Executive Director)     21 January 2010

Informative. Thanks and regards!

Birendra Prasad Singh (Lawyer)     21 January 2010

Industrial Disputes Act, 1948, Section 25 F- In the case of termination of casual employees, what is required to be seen is whether the workman has completed 240 days in preceeding 12 months or not. If sufficient material are shown that the workman has completed 240 days then his services cannot be terminated without giving notice or compensaton in lieu thereof in terms of section 25-F. Ramesh Kumar Vs. State of Haryana, Civil Appeal No. 229 of 2010 Date of Judgment :13.1.2010


Thanks to Sarjooram Sharmafor the Information.

Sarjooram Sharma (Assistant Labour commissioner)     22 January 2010

you can file an industrial dispute under section 2A read with sec. 10 of ID act 1947.

Birendra Prasad Singh (Lawyer)     22 January 2010

In order to preserve the purity and sanctity of the

PIL, the Hon'ble Supreme Court has issued following directions:-

(1) The courts must encourage genuine and bona fide

PIL and effectively discourage and curb the PIL

filed for extraneous considerations.

(2) Instead of every individual judge devising his

own procedure for dealing with the public

interest litigation, it would be appropriate for

each High Court to properly formulate rules for

encouraging the genuine PIL and discouraging the

PIL filed with oblique motives. Consequently,

we request that the High Courts who have not yet

framed the rules, should frame the rules within

three months. The Registrar General of each

High Court is directed to ensure that a copy of

the Rules prepared by the High Court is sent to

the Secretary General of this court immediately


(3) The courts should prima facie verify the

credentials of the petitioner before

entertaining a P.I.L.

(4) The court should be prima facie satisfied

regarding the correctness of the contents of the

petition before entertaining a PIL.

(5) The court should be fully satisfied that

substantial public interest is involved before

entertaining the petition.

(6) The court should ensure that the petition which

involves larger public interest, gravity and

urgency must be given priority over other


(7) The courts before entertaining the PIL should

ensure that the PIL is aimed at redressal of

genuine public harm or public injury. The

court should also ensure that there is no

personal gain, private motive or oblique motive

behind filing the public interest litigation.

(8) The court should also ensure that the petitions

filed by busybodies for extraneous and ulterior

motives must be discouraged by imposing

exemplary costs or by adopting similar novel

methods to curb frivolous petitions and the

petitions filed for extraneous considerations.

State of Uttaranchal Vs. Balwant Singh Chaufal:Civil Appeal No.1134-1135 of 2002  Date of Judgment 18.1.2010

1 Like

Suresh C Mishra (advocate)     23 January 2010

 The information with the citation will serve our members in the best way , i thank all my friends for a complete information .

Birendra Prasad Singh (Lawyer)     24 January 2010

Since the case law has not been yet published in any report as such I have not given the citation. The moment the said case law will pubished in any report I wil provide the same.

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