Supreme Court of India
Harjinder Singh v. Punjab State Warehousing Corporation
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
9 Supreme Court benches have cited this judgment.
What the Court ordered
We hold that the learned Single Judge of the High Court committed serious jurisdictional error and unjustifiably interfered with the award of reinstatement passed by the Labour Court with compensation D of Rs.87,582/- by entertaining a wholly unfounded plea that the appellant was appointed in violation of Articles 14 and 16 of the Constitution and the regulations.
Judgment, page 24
From the headnote
Constitution of India, 1950: Article 226 and Articles 38, 39(a) to (e), 43 and 43- read c with the Preamble - Writ jurisdiction - High Court substituting the award of reinstatement passed by Labour Court, by directing compensation to workman - HELD: High Court committed serious jurisdictional error by unjustifiably interfering with the well reasoned award passed by Labour 0 Court, on the premise that initial appointment of workman was illegal and unconstitutional, particularly, when no such plea was raised before Labour Court - While exercising jurisdiction under Article 226 and/or 227 in
Authorities it was built on
- 1973 His Holiness Kesavananda Bharati Sripadagalavaru v. State of Kerala
- 1963 Syed Yakoob v. K.S. Radhakrishnan & Others
- 1975 State of Kerala & Anr. v. N. M. Thomas & Ors.
- 1955 Tirath Singh v. Bachittar Singh and Others
- 2003 Surya Dev Rai v. Ram Chander Rai and Ors.
- 1995 Lic of India and Anr. v. Consumer Education and Research Centre and Ors. Etc.
- 1972 Y. A. Mamarde and Ors. v. Authority Under the Minimum Wages Act (small Causes Court) Nagpur & Anr.
- 2000 Ramon Services Pvt. Ltd. v. Subhash Kapoor and Ors.
- 1978 Manager Govt. Branch Press & Anr. v. D. B. Belliappa
- 1992 Srinivasa Theatre and Ors. Etc. Etc. v. Government of Tamil Nadu and Ors. Etc. Etc.
- 2006 Bhogpur Co-op Sugar Mills Ltd. v. Harmesh Kumar
- 1983 Glaxo Laboratories v. The Presiding Officer, Labour Court Meerut & Ors.
- 1979 The Authorised Officer, Thanjavur & Anr. v. S. Naganatha Ayyar
- 1996 Central Bank of India v. S. Satyam and Others
- 1999 Samishta Dube v. City Board, Etawah and Anr.
Where later benches applied it
- 2014 Sudarshan Rajpoot v. U.P. State Road Transport Corporation
- 2014 Bhuvnesh Kumar Dwivedi v. M/s Hindalco Industries Ltd.
- 2014 Iswarlal Mohanlal Thakkar v. Paschim Gujarat Vij Company Ltd. & Anr.
- 2013 State of Jharkhand and Another v. Harihar Yadav and Others
- 2015 Tamilnadu Terminated Full Time Temporary Uc Employees Association v. Life Insurance Corporation of India& Ors.
- 2015 K.V.S. Ram v. Bangalore Metropolitan Transport Corporation
- 2013 Balwant Rai Saluja & Anr. Etc. Etc. v. Air India Ltd. & Ors.
- 2015 Riju Prasad Sarma Etc. Etc. v. State of Assam & Ors.
- 2019 Bharat Heavy Electricals Ltd. v. Mahendra Prasad Jakhmola & Ors.
Of those, 4 relied on · 1 distinguished · 3 referred to · 1 not applicable
Sign in free to read it
- The full judgment, page by page, as published in the Supreme Court Reports
- The ratio: what the Court held, verbatim, with the page it sits on
- Every bench that relied on it, and every bench that argued against it
- Search every reported judgment, by party, citation or question
- Download the PDF, copy pinpoint citations ready for a filing
An email address, no password.