good evening to all friends, please help me in above given matter
a person who is working as a sweeper on daily wages in defence estatae office from last 17 years and he has been terminated from service without assigning any notice. plea of employer department is that they are not industry and comes under the sovereign function so the indusrtial and disputes act do not apply on them. whether this is correct? please help me on this issue with case laws.
From India, Ahmedabad
1a person who is working as a sweeper on daily wages in defence estatae office from last 17 years and he has been terminated from service without assigning any notice. plea of employer department is that they are not industry and comes under the sovereign function so the indusrtial and disputes act do not apply on them. whether this is correct? please help me on this issue with case laws.
From India, Ahmedabad
YES.
The Labour Laws are not applicable for the Defence establishments.
The injured person should approach the concerned court of law (i.e., Central Administrative Tribunal) for any remedy.
If anyone have any different experience and they can give their reply, so that Mr. Aalok Dobhal can get some support.
From India, Kumbakonam
The Labour Laws are not applicable for the Defence establishments.
The injured person should approach the concerned court of law (i.e., Central Administrative Tribunal) for any remedy.
If anyone have any different experience and they can give their reply, so that Mr. Aalok Dobhal can get some support.
From India, Kumbakonam
1. Sir, a service of 17 years is a long period and during such long period, the said worker must have come to know as to what type of service rules or conditions of service apply in his case. What was his designation ? From which source he was getting his salary/wages ?There are also Defence Ordnance Factories, and in such factories also I think some rules/ conditions of service apply. The worker who has been terminated should have firstly utilised the channel as available in his service conditions. It has also not been mentioned in detail as to what is meant by "Defence Estate Office" ? There is also possibility that the said worker may have been working on contract basis engaged through private contractor, if allowed in such defence estate office.
2. While issuing an appointment order in every Govt. department, elaborate details are mentioned about the terms and conditions of employment of persons to whom offer of appointment is being sent and also there is mention as to what type of Service Rules are applicable on such person. Therefore, I think, initiator of this thread may ascertain all such facts from the concerned worker so that it may be easy for seniors and experts in this forum to express any opinion in the matter.
From India, Noida
2. While issuing an appointment order in every Govt. department, elaborate details are mentioned about the terms and conditions of employment of persons to whom offer of appointment is being sent and also there is mention as to what type of Service Rules are applicable on such person. Therefore, I think, initiator of this thread may ascertain all such facts from the concerned worker so that it may be easy for seniors and experts in this forum to express any opinion in the matter.
From India, Noida
Yes why not Establishment Bharat Electronics Ltd, Bharat Earth Movers Ltd worked under Ministry of defence were complied under labor law of the country apart from that various vendors who worked for defence procurement & production were also complied under the same.
Thanks & Regards,
From,
Sumit Kumar Saxena
From India, Ghaziabad
Thanks & Regards,
From,
Sumit Kumar Saxena
From India, Ghaziabad
In the above matter i clear that the concern worker has succed in this matter in labour law. learned labour court has ordered to reinstate the said worker with continuity of his past services with 25 percent of back wages. the respondent department has prefered writ petition in the high court with averments that they are not industry and learned labour court erred on this point. their one more contention is that they are govern by ARMY ACT OF 1950. SO IS THERE ANY CASE LAW ON THIS POINT that the army law does not apply on civilian as the concern worker was not doing any sovereign function by his nature of working as a sweeper in the department on daily wages.
From India, Ahmedabad
From India, Ahmedabad
1. Sir, I may again submit that in order to go in detail, it is essential that one must examine as to what were the terms and conditions of appointment/service of said worker ? Whether it is mentioned in the said terms and conditions of appointment that his services will be regulated as per provisions of the Army Act, 1950. Further you have also not clarified whether the said worker was directly appointed or engaged through any contractor ?
2. I may further submit that in my opinion, only the relevant decided court cases can be referred in the case. There is no utility of depending on citations which have no relevancy in the case. Since it appears that the case is sub-judice, hence it will be more important if the advocate engaged by the worker may search out relevant judgments particularly with reference to the plea/contentions of the appellant department.
From India, Noida
2. I may further submit that in my opinion, only the relevant decided court cases can be referred in the case. There is no utility of depending on citations which have no relevancy in the case. Since it appears that the case is sub-judice, hence it will be more important if the advocate engaged by the worker may search out relevant judgments particularly with reference to the plea/contentions of the appellant department.
From India, Noida
Dear Aalok Dobhal,
Your posts both original and subsequent seem to be lacking in essential particulars. Defence Estate Service comes under civil services. As such the Estate Offices look after the supervisory and administrative functions of the Cantonments within their jurisdictions. Cantonments are local bodies and as such the employees therein are covered by the provisions of Labour Laws like Industrial Disputes Act,1947, Payment of Gratuity Act,1972 etc. Probably, the individual must have been employed as a sweeper on the roll of the cantonment board not in the Estate Office as a contigent worker on muster roll. Pl come forward with full details.
From India, Salem
Your posts both original and subsequent seem to be lacking in essential particulars. Defence Estate Service comes under civil services. As such the Estate Offices look after the supervisory and administrative functions of the Cantonments within their jurisdictions. Cantonments are local bodies and as such the employees therein are covered by the provisions of Labour Laws like Industrial Disputes Act,1947, Payment of Gratuity Act,1972 etc. Probably, the individual must have been employed as a sweeper on the roll of the cantonment board not in the Estate Office as a contigent worker on muster roll. Pl come forward with full details.
From India, Salem
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