Niyam v2 is live — start for just ₹100 — 200 credits to try

march 1960

Supreme Court of India · 1960-03-08

M/s. U. P. ELECTRIC SUPPLY CO., LTD. vs THE WORKMEN OF M/s. S. N. CHOUDHARY,CONTRACTORS AND ANOTH

Citation / case number
SC 1958/61
Court
Supreme Court of India
Petitioner
M/s. U. P. ELECTRIC SUPPLY CO., LTD.
Respondent
THE WORKMEN OF M/s. S. N. CHOUDHARY,CONTRACTORS AND ANOTH
Bench
WANCHOO, K.N.

Judgment text excerpt

The Supreme Court held that the Industrial Tribunal lacked jurisdiction to decide whether the workmen were employees of the appellant company or the contractors, as this issue was not referred to the Tribunal under the U.P. Industrial Disputes Act, 1947, specifically sections 34 (Proviso) and 5. The Court emphasized that the Tribunal could only adjudicate on matters explicitly referred to it, and since the question of the non-abolition of the contract system was not included in the reference, the Tribunal's decision was invalid. Consequently, the appeal was allowed, and the Tribunal's award was set aside.

M/s. U. P. ELECTRIC SUPPLY CO., LTD. vs THE WORKMEN OF M/s. S. N. CHOUDHARY,CONTRACTORS AND ANOTH · Niyam