Supreme Court · 2024 INSC 802 · Decided 21 October 2024

Lenin Kumar Ray v. M/S Express Publications (Madurai) LTD.

Court
Supreme Court of India
Citation
2024 INSC 802 · [2024] 10 S.C.R. 2303
Case number
CIVIL APPEAL No. 11709/2024
Decided
21 October 2024
Bench
PANKAJ MITHAL, R MAHADEVAN (2-judge bench)
Case type
Civil
Acts & sections cited
Industrial Disputes Act Section 2(s), 25H

Headnote

Whether the appellant employee falls within the definition of "workman" under Section 2(s) of the Industrial Disputes Act, 1947, was illegally terminated from service in violation of procedure laid down in law. Industrial Disputes Act, 1947 of "workman" - Determinative factor is the principal duties and functions performed by an employee in the establishment and not merely the designation of his post - Onus of proving the nature of employment rests on the person claiming to be a "workman": Held:

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