ValkyaEditorial

Tagged “industrial-disputes”

6 articles on industrial-disputes.

Landmark JudgmentSupreme Court of India

Air India Statutory Corp v. United Labour Union: the automatic-absorption doctrine

On 6 November 1996, a three-judge bench held that once the appropriate Government issues a Section 10 notification under the Contract Labour Act prohibiting contract labour in a process, the displaced workers stand automatically absorbed into the principal employer's establishment. The doctrine lived for five years before a Constitution Bench overruled it in SAIL.

Valkya Editorial··9 min
Landmark JudgmentSupreme Court of India

KSRTC v. Lakshmidevamma: the Constitution Bench on parallel enquiry

On 1 May 2001, a five-judge Constitution Bench of the Supreme Court affirmed the Shambhu Nath Goyal threshold-pleading rule — management must, at the first opportunity in its written statement before the Tribunal, reserve the right to lead fresh evidence in the event the domestic enquiry is found invalid.

Valkya Editorial··9 min
Landmark JudgmentSupreme Court of India

Workmen of AEIBC v. Management: redefining retrenchment

On 28 August 1985, a two-judge bench of the Supreme Court read Section 2(oo) of the Industrial Disputes Act with the breadth its language demands — every termination by the employer is retrenchment unless it falls within one of the enumerated exceptions.

Valkya Editorial··9 min
Weekly Report

The nine-judge Bench on 'industry': what is at stake in the reconsideration of Bangalore Water Supply

Forty-eight years after Justice Krishna Iyer's expansive reading of 'industry' under Section 2(j) of the Industrial Disputes Act, a nine-judge Constitution Bench led by the Chief Justice has reserved judgment on whether the test in *Bangalore Water Supply* lays down correct law. A practitioner's preview of the reference, the bench, the questions, and what an answer either way would mean for labour and HR practice.

Valkya Editorial··10 min