Disputes Regarding Absorption/Regularization Can Only Be Done by Union On Behalf of Workman: Karnataka HC
Contents News/Article Date: 18th January 2024
Relating to which Act: The Indian Constitution grants the Central and state governments the powers to enact laws to protect the employees and foster a professional work environment. Based on the industry, nature of the work, number of employees in the company, location, and more, there are various legislations like the Industrial Disputes Act 1947 (ID Act), Factories Act 1948 (Factories Act), and Shops and Establishment Acts in relevant states (S&E Act).
Applicable to which State:In The High Court Of Karnataka At Bengaluru Dated This The 18th Day Of January, 2024 Before The Hon’ble Mrs. Justice K.S. Hemalekha Writ Petition No.7674/2023 (L-Res)
Type: In The High Court of Karnataka at Bengaluru Dated This The 18th Day of January, 2024 Before The Hon’ble Mrs. Justice K.S. Hemalekha Writ Petition No.7674/2023 (L-Res)
Pertains to: In The High Court of Karnataka at Bengaluru Dated This The 18th Day of January, 2024 Before The Hon’ble Mrs. Justice K.S. Hemalekha Writ Petition No.7674/2023 (L-Res)
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And in this instance: The Karnataka High Court held that if a workman wants to raise a dispute regarding absorption and regularization, it can only be done by a union which can raise a dispute on behalf of the workman. The employee referred to the Industrial Tribunal for adjudication regarding the regularization/permanency of his job with Adecco India Private Limited. Section 10 (1) of the Industrial Disputes Act, 1947 (ID Act) authorizes the appropriate Government to refer the industrial dispute to a Tribunal or the Labour Court. The Court had to ascertain whether a workman seeking regularization could raise an industrial dispute as defined under Section 2(k) of the Industrial Disputes Act, 1947 or not.
Subject: Disputes Regarding Absorption/Regularization Can Only Be Done by Union On Behalf of Workman: Karnataka HC
Appended is the complete news item
Disputes Regarding Absorption/Regularization Can Only Be Done by Union On Behalf of Workman: Karnataka HC
The Karnataka High Court held that if a workman wants to raise a dispute regarding absorption and regularization, it can only be done by a union which can raise a dispute on behalf of the workman.
The employee referred to the Industrial Tribunal for adjudication regarding the regularization/permanency of his job with Adecco India Private Limited. Section 10 (1) of the Industrial Disputes Act, 1947 (ID Act) authorizes the appropriate Government to refer the industrial dispute to a Tribunal or the Labour Court.
The Court had to ascertain whether a workman seeking regularization could raise an industrial dispute as defined under Section 2(k) of the Industrial Disputes Act, 1947 or not.
A Single Bench of Justice K.S. Hemalekha observed, “The proposition is well settled and no more reintegrate that an individual workman can raise a dispute, it can only be for removal, termination or dismissal and if the workman wants to raise a dispute with regard to absorption and regularization, that can only be done by a union, which can raise a dispute on behalf of the workman.”
Section 2A of the ID Act was added after an amendment to make an individual dispute of a workman an industrial dispute if the dispute was related to dismissal, discharge, retrenchment or termination.
Thus, Section 2A carves an exception to the definition of individual dispute as given in Section 2(k) of the ID Act. The Court explained that in order to give jurisdiction to the appropriate government to refer the dispute to the Tribunal or Labour Court, it would be essential for a workman to prove that their dispute for regularization was sponsored or espoused by the union of the workmen.
The Court held that an individual workman can raise a dispute only in cases of removal, termination, or dismissal. However, if the workman wants to raise a dispute regarding absorption and regularization, such disputes must be raised by a union on behalf of the workman. Accordingly, the High Court allowed the writ petition.
Cause Title: The Management of M/S. Tata Advanced System Limited v. The Secretary to Department of Labour & Ors.