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I. P. MUKERJI, BISWAROOP CHOWDHURY
Upendra Choudhury – Appellant
Versus
J. K. Industries Ltd. – Respondent
JUDGMENT :
Biswaroop Chowdhury, J.
1. The appellant before us was a workman before the Industrial Tribunal and respondent no-1 in Writ Application 870 of 2003. This appeal is directed against the Order dated 6th August 2015 passed in the said Writ Application.
2. The case of the appellant may be summed up thus:
2. The Company though a prosperous and flourishing one but unfair and exploitative to its workmen and has little regards to observe the principles and provisions of Industrial laws, specifically those enacted for the welfare of the labourers.
3. The workman/appellant concerned was engaged under the said Company as a driver in the year of 1994, without issuance of any appointment letter. He had to work 14, to 16 hours in a day and even on Sundays and holidays without any extra remuneration and in a very poor emoluments. His name was not enrolled in the attendance register, pay register only to deprive him from all legitimate dues, entitlement, though he drove the car b
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The central legal point established in the judgment is the interpretation of the definition of 'workman' under Section 2(s) of the Industrial Disputes Act, 1947, and its application to the case at ha....
The court affirmed that non-compliance with contractor licensing does not negate the employer-employee relationship, emphasizing control and direct employment evidence.
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