AI Overview...
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Muster Roll Employees and Legal Recourse
The courts have recognized that muster roll employees, including casual and daily wage workers, are entitled to certain benefits such as maternity leave and other statutory rights, despite their non-permanent status. Supreme Court judgments, such as in the case of Female Workers (Muster Roll), have emphasized a pragmatic approach to extending benefits to these workers Priyanka Gujarkar Shrivastava VS Registrar General - Madhya Pradesh, Municipal Corporation of Delhi VS Female Workers (Muster Roll) - Rajasthan. -
Jurisdiction of Courts and Tribunals
Several sources clarify that muster roll employees can approach courts and tribunals for redress. For instance, High Courts have held that they possess jurisdiction to entertain writ petitions filed by such workers, and tribunals can decide issues related to jurisdiction if raised by the employer BASUDEVPUR (R AND B) N. M. R. EMPLOYEES ASSOCIATION VS STATE OF ORISSA - Orissa, HINDI VIDYA BHAVAN, MUMBAI VS PRESIDING OFFICER, SCHOOL TRIBUNAL, MUMBAI - Bombay. -
Approach of Courts Regarding Employee Removal
Courts have held that employees, including muster roll workers, cannot be barred from approaching higher courts or tribunals for their disputes. The jurisdiction of courts is not barred by statutory provisions unless explicitly stated, and courts have the authority to entertain and decide such cases BASUDEVPUR (R AND B) N. M. R. EMPLOYEES ASSOCIATION VS STATE OF ORISSA - Orissa, Irrigation Research Institute VS Kripal Singh - Supreme Court. -
Employees’ Right to Approach High Courts
The general consensus from the sources is that muster roll employees are not barred from filing writ petitions or approaching the High Court against their removal or other disputes. The courts have recognized their right to seek judicial redress, especially when statutory benefits or wrongful termination are involved Priyanka Gujarkar Shrivastava VS Registrar General - Madhya Pradesh, BASUDEVPUR (R AND B) N. M. R. EMPLOYEES ASSOCIATION VS STATE OF ORISSA - Orissa. -
Main Point Regarding the Query
Based on the above, a muster roll employee can approach the High Court or appropriate tribunals against his removal or any wrongful termination. There is no legal bar preventing such employees from filing writ petitions or appeals in higher courts, provided they meet the criteria for jurisdiction and standing Priyanka Gujarkar Shrivastava VS Registrar General - Madhya Pradesh, BASUDEVPUR (R AND B) N. M. R. EMPLOYEES ASSOCIATION VS STATE OF ORISSA - Orissa.
Conclusion:
A muster roll employee has the legal right to approach the High Court or tribunals for redress against wrongful removal or disputes related to employment. The courts have consistently upheld the jurisdiction of such employees to seek justice, emphasizing a pragmatic approach to extending statutory benefits and remedying wrongful dismissals Municipal Corporation of Delhi VS Female Workers (Muster Roll) - Rajasthan, BASUDEVPUR (R AND B) N. M. R. EMPLOYEES ASSOCIATION VS STATE OF ORISSA - Orissa.
References:
- Municipal Corporation Of Delhi VS Female Workers (Muster Roll) - Supreme Court, Priyanka Gujarkar Shrivastava VS Registrar General - Madhya Pradesh, HINDI VIDYA BHAVAN, MUMBAI VS PRESIDING OFFICER, SCHOOL TRIBUNAL, MUMBAI - Bombay, BASUDEVPUR (R AND B) N. M. R. EMPLOYEES ASSOCIATION VS STATE OF ORISSA - Orissa, JASMER SINGH VS STATE OF HARYANA - Supreme Court, Municipal Corporation of Delhi VS Female Workers (Muster Roll) - Rajasthan, Irrigation Research Institute VS Kripal Singh - Supreme Court, M. P. Electricity Board VS Jagdish Chandra Sharma - Supreme Court, Simplex Castings Limited, Unit-I, Bhilai, through its Senior Manager, Personnel, Y. M. Dave, son of Late Shri Mukund Dave VS Pragatisheel Engineering Shramik Sangh - Chhattisgarh
Search Results for "A Muster Roll Employee Cannot Approach High Court against his Removal"
2000 2 Supreme 179 • India - Supreme Court
D.P.WADHWA, S.SAGHIR AHMAD
A woman employee, at the time of advanced pregnancy cannot be compelled to undertake hard labour as it would be detrimental to her ... to benefit of maternity leave and not to those who are engaged on casual basis or on muster roll on daily wages basis-Muster roll ... But the benefit is not being made available to the women employees engaged on muster-roll, on the ground that they are not regular ... and pragmatic approach....
2017 0 Supreme(MP) 397 • India - Madhya Pradesh
RAJENDRA MENON, ANJULI PALO
Supreme Court's judgment in the case of Female Workers (Muster Roll). ... or the High Court. ... The court's decision was influenced by the Supreme Court's judgment in the case of Female Workers (Muster Roll) and another (2000 ... and pragmatic approach." ... Court in the case of Female Workers (Muster Roll) (Supra), petitions have been allowed and directions issued to grant benefit to the employees#HL_EN....
2007 0 Supreme(Bom) 1406 • India - Bombay
D.B.BHOSALE
I do not see any reasons as to why the Tribunal cannot decide the issue of jurisdiction, if raised, by the employer, as in the present ... The management cannot take advantage of its own wrong to contend that no procedure was followed or an appointment letter was issued ... appeal filed before School Tribunal-Question arises as to jurisdiction of Tribunal-Held that there is no reason as to why Tribunal cannot ... Dada submitted that none of the respondents-employees were on permanent or temporary #HL_ST....
2018 0 Supreme(Bom) 2096 • India - Bombay
B.R.GAVAI, M.S.KARNIK
has already held that benevolent object of grant of 180 days maternity leave to woman employees cannot be and should not be limited ... so construed, would indicate that not only is woman employee assured of benefits under the said Act, but if rules are framed by ... herein are entitled only to 90 days of maternity leave cannot be countenanced - Petitioners herein will also be entitled to maternity ... Female Workers (Muster roll) and anr. (supra). ... and pragmatic approach#....
1991 0 Supreme(Ori) 258 • India - Orissa
R.C.PATNAIK, P.C.MISRA, G.B.PATNAIK
Fact of the Case: Petitioners, casual labourers/workers employed by the State Government as Nominal Muster Roll (N.M.R ... High Court had jurisdiction to entertain the writ petitions. ... Whether Section 28 of the Act, excluding the jurisdiction of all Courts except the Supreme Court, barred the High Court from entertaining ... ... In view of the decision of the Supreme Court in Kanak Chandra's case (supra), a muster#HL....
2015 2 Supreme 166 • India - Supreme Court
V.GOPALA GOWDA, C.NAGAPPAN
Industrial Disputes Act, 1947 – Sections 25-F (clauses (a) and (b)), 25-G and 25-H – Workman employed ... ... The Industrial Tribunal-cum-Labour Court answered the points of ... No. 1742 of 1996, wherein the High Court has observed that the workman cannot be allowed to approach the Labour Court after 3 years of termination of his services, upon which reliance placed by the respondent-employer with reference to the said plea the Labour Cour....
2000 0 Supreme(Raj) 203 • India - Rajasthan
S.SAGHIR AHMAD, D.P.WADHWA
set out in Art. 39 and 42 of Constitution – This benefit can not be denied because the women were working on daily wage basis on muster ... roll and not in regular employment – Held – Daily wage women workers are entitled to the benefits of Maternity leave, pay and allowances ... and pragmatic approach. ... A woman employee, at the time of advanced pregnancy cannot be compelled to undertake hard labour as it would be detrimental to her health and also to the health of the foetus. ... It is founded on th....
2007 8 Supreme 162 • India - Supreme Court
ARIJIT PASAYAT, D.K.JAIN
On writ petition, High Court concluded that muster roll clearly indicated number of days on which workman had actually worked and ... concluded that muster roll clearly indicated number of days on which workman had actually worked and not those along with holidays ... Respondent workman was removed from service without any prior notice – Reference there against by workman on plea that his alleged removal ... It is not in dispute that the Labour Court....
2005 2 Supreme 497 • India - Supreme Court
N.S.HEGDE, TARUN CHATTERJEE, P.K.BALASUBRAMANYAN
exercising their jurisdiction—Industrial Court made the correct approach and came to the right conclusion. ... It cannot certainly be termed unduly harsh or disproportionate. ... , with no extenuating circumstance established, it cannot be said to be not justified. ... —The appeal C.A.No. 1339 of 2003 is by the employer. C.A.No. 1340 of 2003 is by the employee. The employee was working as a muster roll labourer in the em....
2016 0 Supreme(Chh) 120 • India - Chhattisgarh
SANJAY K.AGRAWAL
interference by this Court employee cannot be termed as a slave he has right to abandon service any time voluntarily by submitting ... Newspaper - Ltd- (supra) and therefore award passed by Industrial Court in respect of employee cannot be said to be illegal warranting ... - It is well settled that relinquishment of service is question of intention and intention cannot be attributed to employee without ... Thus in most cases, the workman (the claiman....
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