VidhiSangh

Supreme Court of India · 31/01/2025

SHRIPAL & ANR. versus NAGAR NIGAM, GHAZIABAD

[2025] 1 S.C.R. 1427 · 2025 INSC 144

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Summary

The Supreme Court held that gardeners engaged for years by Ghaziabad Nagar Nigam were its own workmen, not contractor's labour, and that their oral termination in 2005, while conciliation proceedings were pending, breached Sections 6E and 6N of the U.P. Industrial Disputes Act, 1947. It replaced the High Court's daily-wage re-engagement with reinstatement, continuity of service, 50% back wages and a direction to start regularisation.

Issues

  1. Whether the workmen were directly employed by the Nagar Nigam or engaged through a contractor.
  2. Whether terminating the workmen during pending conciliation proceedings, without approval, notice or retrenchment compensation, violated Sections 6E and 6N of the U.P. Industrial Disputes Act, 1947.
  3. Whether a ban on fresh recruitment and the decision in Umadevi bar relief to long-serving workmen doing perennial work.
  4. What relief should follow, and whether the High Court's direction for daily-wage re-engagement was adequate.

Provisions considered

Held

Result

Workmen's appeals allowed and the Nagar Nigam's appeals dismissed. Terminations declared illegal and quashed; reinstatement within four weeks with continuity of service and consequential benefits; 50% back wages to be paid within three months of reinstatement; a fair regularisation process to begin within six months, without retroactively imposing criteria; no order as to costs.

Judgment PDF: Supreme Court of India, [2025] 1 S.C.R. 1427.