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    Labour Law Moot Proposition

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    khanduri.anshul990

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    Labour Law Moot Proposition

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    khanduri.anshul990
    11 views2 pages

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    11 views2 pages

    Labour Law Moot Proposition

    Uploaded by

    khanduri.anshul990

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    MOOT PROPOSITION ON LABOUR LAW-1

    October, 2024

    In a Capital Corporation Undertaking, there were 80 workmen employed in the year


    2021. In the year 2022, it was reduced to 70 workmen. Out of 70 workmen, 50%
    workmen had given their name for the registration process. Initially, 7 members had
    subscribed their name for formation of the Trade Union but later on 3 have
    disassociated themselves from registration process. Their union was under process
    for registration and their union was also not recognised by the employer. One of the
    workmen, Mr. Sadanand was appointed by Capital Corporations in 2021 for
    supervision of the staff at the wages of Rs. 15,000 per month on contractual basis.
    He was also given one raise of wages of 2200 Rs. in June 2022 and given
    permanent status on the condition that he will not join the trade union. Sadanand
    was not a member of the trade union. On April, 2 at around 14.00 hrs in 2023, there
    was a scuffle between two labourers working on the site, Sadanand who was
    working on the machine at that time went to pacify the situation. While he was
    successfully able to do so but during this he forgot to switch off the machinery. The
    machinery was on with raw material in it all this time and it resulted in damage of
    those materials. The material cost was around Rs. 50,000/-, however more
    damaging was that the company lost an urgent contract of Rs. 10,00,000/- which
    they have got from a Nashik based firm in subsequent days as in absence of raw
    materials, they could not complete the contract. Sadanand’s absence was around
    20-22 minutes and he knew that the raw material was sensitive in nature. By the time
    he returned to the machine it was 14.22 hrs. The Company, the next day, initiated
    the disciplinary proceeding in which he abused management and slapped the
    manager. On this behaviour, the disciplinary committee suspended him for 1 month
    and it was disclosed to him on the same day at around 16.00 hrs (22nd June 2023).

    On 24th June 2023, to the surprise of Sadanand while he was working, at around
    11.30 hrs, he got a call from his Supervisor, who gave him a letter which contained
    his dismissal order from the management. Sadanand was shocked by this treatment
    of the company, he tried to talk to higher authorities but they refused to talk to him.
    He also asked the labour union to help him in this matter as according to him it was
    purely an honest mistake. The union took the matter but the management refused to
    budge. Sadanand who was permanent employee filed the case before
    Industrial Tribunal for reinstatement in the job on the ground of unfair dismissal as
    per Section 2 (k) of Industrial Dispute Act, 1947 and as per fifth schedule of Industrial
    Dispute Act 1947. They went for conciliation but conciliation was not successful so
    the workman applied for relief under section 10 and 11 of Industrial Dispute Act,
    1947 to Industrial Tribunal but the matter was returned to the appropriate
    government for reference in an appropriate forum.

    In the light of the above circumstances, kindly justify your arguments with relevant
    and landmark judgements:

    Following are issues to be dealt with:

    1. Whether this will be deemed to be a Registered Trade Union or not?


    2. Will Sadanand get the benefits under the Trade Union Act, 1926 and whether
    the immunity will be granted to him or not?
    3. Whether it is an Individual dispute or an Industrial dispute? Give relevant
    reasoning with landmark judgements and decide the appropriate jurisdiction.
    4. Decide whether the ‘Capital Corporation Undertaking’ is an Industry or not
    and whether Mr. Sadanand will fall under the category of workman or not?

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