Labour and Industrial Dispute Lawyer: Trainees who are employed without payment of any reward cannot be termed as Workman for the purpose of Industrial Dispute Act.- 09:30
Supreme Court of India
Justice L Nageswara Rao
The Supreme Court of India had partly Quashed the government notification which had given certain benefits to labour, which were held to be ultra vires by SC, in the case titled as "Faridabad Industrial Association versus State of Haryana and others".
The Supreme Court has held that the trainees who are employed without payment of any award cannot be covered by the government notification. The government notification by which they were considered as workman, accordingly, it was quashed to that extent.
The government notification made the provision of segregation of wages into components in the form of allowances impermissible - the SC held it Ultra Vires and it was also quashed. The SC also held that the Security Inspector / Security Officer / Security Supervisor can't be included in the notification.
The Government Notification by which, categorisation of unskilled employees as Semi skilled, and Semi skilled as skilled, on the basis of their experience was made, was also quashed and held ultra vires by the SC. And it was also held that fixing the training period for one year, was beyond the jurisdiction of the government, the same was also quashed. The Appeal was accordingly allowed.