FIRST LAW

Industrial Disputes Act, 1947 - Section 25 (H) –  Industrial Disputes (Central) Rules, 1957 - Rule 78 -  Re-employment on the Post - Distinction between the expression ‘employment’ and ‘regularization of the service” -  The expression ‘employment’ signifies a fresh employment to fill the vacancies whereas the expression ‘regularization of the service’ signifies that the employee, who is already in service, his services are regularized as per service regulations.

Industrial Disputes Act, 1947 - Section 33C - Recovery of money due from an employer - Limitation - Even if some reasonable period of limitation is to be read in to the provision, since the provision itself is silent on that score, then it could be taken to be a period of three years after the conclusion of the proceedings in the Labour Court.

Labour Law - In determining the question as to whether a person is employed in a supervisory capacity or otherwise, mere designation of the post is not decisive of the nature of employment. 

1. Employing the workman in temporary capacity and to continue him/them as such for years with the object of depriving him of status and privileges of permanent workman is unfair labour practice as defined in Section 2(ra) of the Industrial Disputes Act, 1947 reads with Entry 10 of the Fifth Schedule. 2. That unfair labour practice complained of by a workman would fall within the ambit of industrial dispute as defined under Section 2(k) of the Act. 3. The Industrial Tribunal has the jurisdiction and competence to adjudicate upon all disputes which are enumerated in the Second Schedule and the Third Schedule of the Act and the dispute raised by the workman claiming right of regularization is the one comprehended under Entry-6 of the Second Schedule. 4. The power of the Industrial Court/Tribunal can not extend to do anything and everything while dealing with an industrial dispute and the direction for regularization of service of a workman is subject to following con...

Industrial Disputes Act, 1947  - C ontinuation of the workmen in temporary / contractual capacity for years together despite availability of vacant posts was aimed at depriving them of the status and privileges of the permanent workmen and, therefore, would clearly amount to unfair labour practice.