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october 2003

Supreme Court of India · 2003-10-28

Sarva Shramik Sangh vs M/S. Indian Smelting & Refining Co. Ltd. ...

Citation / case number
AIR 2004 SUPREME COURT 269
Court
Supreme Court of India
Petitioner
Sarva Shramik Sangh
Respondent
M/S. Indian Smelting & Refining Co. Ltd. ...
Author
Arijit Pasayat
Bench
Doraiswamy Raju, Arijit Pasayat

Judgment text excerpt

The Supreme Court addressed the interpretation of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, and its relationship with the Industrial Disputes Act, 1947. The Court held that workmen must establish their employment relationship with the principal employer to file complaints under the Maharashtra Act, but also emphasized the need for a liberal interpretation of the Act to ensure workers' rights are protected. The judgment reaffirmed the principle that multiple statutes governing labor relations should be harmoniously construed, allowing for judicial determination of employment status even when disputed by the employer.

Sarva Shramik Sangh vs M/S. Indian Smelting & Refining Co. Ltd. ... · Niyam