''Bharat Forge Co Ltd v Uttam Manohar Nakate''
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INSC 45is an Indian labour law">005
INSC 45is an Indian labour law case concerning the dismissal of a worker who was found to be asleep in 1983. After 22 years, the
Supreme Court of India
The Supreme Court of India ( IAST: ) is the supreme judicial authority of India and is the highest court of the Republic of India under the constitution. It is the most senior constitutional court, has the final decision in all legal matters ...
upheld his dismissal.
Facts
Uttam was a helper in Bharat Forge.
He was found lying fast asleep on an iron plate in the corner of the department at 11:40 a.m. on 26 August 1983.
This was the fourth time this had happened,
After five-month-long disciplinary hearings, the company fired him in January 1984.
Uttam went to court, which found the company guilty of "unfair labour practice" and forced the factory to take Uttam back and pay him 50 percent of his lost wages.
The case was appealed to the
Bombay High Court
The High Court of Bombay is the high court of the states of Maharashtra and Goa in India, and the union territory of Dadra and Nagar Haveli and Daman and Diu. It is seated primarily at Mumbai (formerly known as Bombay), and is one of the ol ...
and eventually to the national
Supreme Court of India
The Supreme Court of India ( IAST: ) is the supreme judicial authority of India and is the highest court of the Republic of India under the constitution. It is the most senior constitutional court, has the final decision in all legal matters ...
, reported as AIR 2005 SC 947.
Judgment
In 2005 the Supreme Court came to the conclusion that the company had the right to fire him.
Significance
Nakate's case is often used as an example of the problems with
Indian labour law
Indian labour law refers to law regulating labour in India. Traditionally, the Indian government at the federal and state levels has sought to ensure a high degree of protection for workers, but in practice, this differs due to the form of gove ...
system of requiring government approval before dismissals can take effect.
See also
*
Indian labour law
Indian labour law refers to law regulating labour in India. Traditionally, the Indian government at the federal and state levels has sought to ensure a high degree of protection for workers, but in practice, this differs due to the form of gove ...
*
UK labour law
United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK can rely upon a minimum charter of employment rights, which are found in Acts of Parliament, Regulations, common law and equit ...
*
Unfair dismissal In labour law, unfair dismissal is an act of employment termination made without good reason or contrary to the country's specific legislation.
Situation per country
Australia
(See: '' unfair dismissal in Australia'')
Australia has long-standing ...
Notes
{{reflist
Labour relations in India
Indian case law
Indian labour law
Indian labour case law
Labour law