IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
NAMAVARAPU RAJESHWAR RAO
Jyothy Laboratories Ltd., – Appellant
Versus
Appellate Authority U/S. 53 – Respondent
| Table of Content |
|---|
| 1. brief background of the case and parties involved. (Para 1 , 2 , 3) |
| 2. petitioner's arguments on lack of work and pay entitlement. (Para 6 , 8) |
| 3. respondent's counterarguments against petitioner's claims. (Para 9 , 10 , 11 , 12) |
| 4. court's observations on interim stay and prior rulings. (Para 14 , 15 , 16 , 17 , 18) |
| 5. court concludes dismissal of writ petition. (Para 19) |
ORDER :
1. This Writ Petition is filed aggrieved by the order dated 30.06.2006 passed by the 1st respondent in S&E Appeal No.2 of 2004, wherein the 1st respondent confirmed the order dated 26.05.2004 passed by the 2nd respondent in S & E Case No.1 of2002.
2. Brief facts of the case are as follows:
(a) The petitioner’s company is registered under the provisions of the Companies Act, 1956 and it is engaged in the business of manufacture and sale of the consumable goods with the Brand name "UJALA". Respondent No.3 was deployed by the petitioner’s Company as Marketing Intelligence Assistant to canvass the sales of the products of the petitioner’s Company, as per the Tour programme prepared by him one month in advance duly submitted to his superiors. The 3rd respondent has to specifically look after Khammam
The principle of 'No Work, No Pay' applies only when an employee is out of service; it is inapplicable when the employee is willing to work but not utilized by the employer.
The classification of an employee as a 'workman' depends on the actual nature of their duties rather than job titles, reaffirming the need for careful evidence evaluation under the Industrial Dispute....
Termination of service without prior permission under Section 33 of the Industrial Disputes Act is void if deemed punitive, entitling workmen to salary and benefits during the period of deemed servic....
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