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july 2003

Supreme Court of India · 2003-07-16

M/S. TRAMBAK RUBBER INDUSTRIES LTD. vs NASHIK WORKERS UNION .

Citation / case number
SC 2001/7539
Court
Supreme Court of India
Petitioner
M/S. TRAMBAK RUBBER INDUSTRIES LTD.
Respondent
NASHIK WORKERS UNION .
Author
P. VENKATARAMA REDDI
Bench
K.G. BALAKRISHNAN & P. VENKATARAMA REDDI.

Judgment text excerpt

The Supreme Court addressed the legality of the High Court's reversal of the Industrial Court's award regarding the status of 72 workers under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act. The Court emphasized that the determination of whether individuals are 'workmen' under Section 3(5) of the Act and Section 2(s) of the Industrial Disputes Act requires clear evidence of an employer-employee relationship. The Supreme Court upheld the High Court's finding that the workers were not trainees but 'workmen', thus necessitating adherence to due process for termination, leading to the reinstatement of the workers.

M/S. TRAMBAK RUBBER INDUSTRIES LTD. vs NASHIK WORKERS UNION . · Niyam