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january 2015

Supreme Court of India · 2015-01-06

Commissioner, Trade Tax, U.P., Lucknow vs M/S. Suman Trading Co

Court
Supreme Court of India
Petitioner
Commissioner, Trade Tax, U.P., Lucknow
Respondent
M/S. Suman Trading Co
Author
M.Y.Eqbal
Bench
Shiva Kirti Singh, M.Y. Eqbal

Judgment text excerpt

The Supreme Court upheld the High Court's decision to classify the respondent as a 'workman' under Section 2(z) of the Uttar Pradesh Industrial Disputes Act, 1947, thereby quashing the Industrial Tribunal's dismissal of the respondent's reference regarding his termination. The Court emphasized that the High Court acted within its jurisdiction under Article 226 of the Constitution in reversing the Tribunal's finding. The judgment mandates the Tribunal to adjudicate the respondent's case on merit, reinforcing the legal principle that the definition of 'workman' should be interpreted broadly in favor of the employee.

Commissioner, Trade Tax, U.P., Lucknow vs M/S. Suman Trading Co · Niyam