VidhiSangh

Supreme Court of India · 21/10/2024

LENIN KUMAR RAY versus M/S EXPRESS PUBLICATIONS (MADURAI) LTD.

[2024] 10 S.C.R. 2303 · 2024 INSC 802

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Summary

The Supreme Court held that an Assistant Engineer in a newspaper establishment, who admittedly supervised two junior engineers and drew more than Rs. 1,600 a month when his services ended in 2003, was not a 'workman' under Section 2(s) of the Industrial Disputes Act, 1947. The definition as it stood on the date of termination applied, not the Rs. 10,000 ceiling introduced in 2010. Since his termination on one month's salary in lieu of notice complied with his appointment terms, the Labour Court's reinstatement award could not stand.

Issues

  1. Whether the employee, employed as Assistant Engineer (E&C) and supervising two junior engineers, was a 'workman' under Section 2(s) of the Industrial Disputes Act, 1947, and whether the wage ceiling for supervisory employees was to be applied as it stood on the date of termination (Rs. 1,600) or as amended in 2010 (Rs. 10,000).
  2. Whether the termination of the employee by paying one month's salary in lieu of notice was illegal, entitling him to reinstatement and compensation in lieu of back wages.

Provisions considered

Held

Result

The employee's appeal (C.A. No. 11709 of 2024) was dismissed and the management's appeal (C.A. No. 11710 of 2024) allowed. The High Court's affirmation of the finding that the employee was a workman was set aside, and its setting aside of the reinstatement and Rs. 75,000 compensation was affirmed. No order as to costs.

Judgment PDF: Supreme Court of India, [2024] 10 S.C.R. 2303.