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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice D.BHARATHA CHAKRAVARTHY
Md. Thanveerulla Sherif – Appellant
Versus
Management of Eveready Industries India Limited – Respondent
| Table of Content |
|---|
| 1. challenge to labor court's award (Para 1 , 2) |
| 2. management's defense of operations and employment (Para 3 , 5) |
| 3. labor court's finding on non-employment (Para 4) |
| 4. questions for legal determination (Para 6 , 7 , 8) |
| 5. analysis of non-employment justification (Para 9) |
| 6. compensation assessment (Para 10) |
| 7. final judgment and orders (Para 11) |
ORDER :
A . The Petitions:
1. These two Writ Petitions challenge the same award dated 16/06/2020 made in O.P. No. 18 of 2019 by the I Additional Labour Court, Chennai. The Management and the Workman filed them and, as such, are deposed of by this Common Order.
B. The Workman’s Case:
2. The case of the workman is that the Management has been in the business of manufacturing dry cell batteries, torch lights, etc. since the year 1905. Union Carbide India Limited, which killed lakhs of people in Bhopal, was the major shareholder. ‘Eveready’ Brand Cells was a successful brand, and through its units in Guindy and Thiruvotriyur, Chennai, huge profits ran into hundreds of crores of rupees throughout. The Management had several operations throughout the country. While so, it decided to shift its operations to Assam, only to get rid of the wo
Non-employment of the workman found unjustified; entitlement to increased compensation established per labour law standards.
The termination of the workman was deemed unjustified and punitive, leading to an increase in compensation from Rs.2,00,000 to Rs.4,00,000 based on the nature of his duties and the stigma attached to....
The court upheld the Labour Court's finding of unjustified non-employment of workmen due to unfair labor practices, establishing the employer-employee relationship despite claims of contract labor.
The court affirmed that workmen were directly employed by management, ruling non-employment without due process illegal, and granted compensation in lieu of reinstatement.
Workers employed beyond 240 days are entitled to compensation for unfair termination under the Industrial Disputes Act, despite being classified as casual laborers.
The court confirmed the employer-employee relationship and ruled that the non-employment of workmen was unjustified, ordering compensation instead of reinstatement.
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