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J. B. PARDIWALA, SANDEEP MEHTA
General Manager, U. P. Cooperative Bank Ltd. – Appellant
Versus
Achchey Lal – Respondent
| Table of Content |
|---|
| 1. background of employment dispute in a cooperative bank. (Para 2 , 3 , 4 , 5 , 6 , 7 , 8 , 10 , 11 , 12 , 13) |
| 2. criteria determining employer-employee relationship. (Para 18 , 19 , 20 , 21) |
| 3. arguments regarding employment status. (Para 23 , 24 , 28 , 30 , 31 , 36 , 37 , 38 , 39) |
| 4. test for establishing employer-employee relationships. (Para 42 , 44 , 45 , 46 , 57) |
| 5. conclusion on appeals and order. (Para 76 , 78 , 79 , 80) |
ORDER :
2. These appeals are at the instance of a Cooperative Bank and are directed against the common Judgment and Order passed by the High Court of Judicature at Allahabad, Lucknow Bench dated 8- 10-2012 in the Writ Petition Nos.3932/2000, 3935/2000, 3933/2000, 3937/2000 and 2413/2006 respectively, by which all the Writ Petitions preferred by the appellant Society came to be dismissed, thereby affirming the Award passed by the Labour Court dated 14-9-1999 in favour of the four respondents (workmen) before us.
4. The object behind the formation of the Society was to provide canteen facility to its members.
6. The necessary modalities were worked out in so far as the grant of subsidies etc. is concerned by the Bank in consultation with the Society
The court established that for an employer-employee relationship to exist, there must be direct control and supervision over the workers, which was absent in this case.
The claimant must prove the existence of an employer-employee relationship to succeed in disputes under the Industrial Disputes Act, 1947.
Claimant bears burden to prove employer-employee relationship in industrial disputes using control, integration, and multifactor tests; self-serving statements insufficient absent corroboration, espe....
The main legal point established in the judgment is that the termination of employees must adhere to the provisions of the Industrial Disputes Act, 1947, and the violation of statutory provisions ren....
There is no employer-employee relationship between the cooperative store workers and railway management, negating claims for regularization and statutory recognition as railway employees.
The Industrial Court lacks jurisdiction to entertain complaints of unfair labor practices unless an undisputed employer-employee relationship is established.
Employees of cooperative societies cannot be classified as Railway servants, as they operate under the cooperative law without Railway administrative control, thus not entitled to benefits reserved f....
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