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Labour & Employment Case-Law Citator

Issue-wise Supreme Court and employment-law case digest.

Author: CA Nikhil GuptaLegal cut-off: 13 July 2026India-first
CaseCourt/yearIssuePrincipleFinin2min action
Central Inland Water Transport Corporation Ltd. v. Brojo Nath GangulySupreme Court, 1986Unconscionable employment termsAn oppressive service-termination clause imposed by a dominant employer may be struck down as opposed to public policy.Do not rely on an unrestricted termination-at-will clause; align it with statute, fairness and procedure.
Niranjan Shankar Golikari v. Century SpinningSupreme Court, 1967Negative covenant during employmentA reasonable negative covenant operating during the contract period can be enforceable.Draft conflict and exclusivity obligations narrowly and only for the subsisting employment period.
Superintendence Company of India v. Krishan MurgaiSupreme Court, 1981Post-employment restraintPost-termination restraint is generally vulnerable under section 27 of the Contract Act.Protect confidential information and non-solicitation interests without imposing a broad post-employment non-compete.
Percept D’Mark (India) Pvt. Ltd. v. Zaheer KhanSupreme Court, 2006Restraint after contractA restrictive covenant extending beyond the contract term is generally void unless within a recognised exception.Separate in-term exclusivity from post-term restrictions.
Workmen of Firestone Tyre & Rubber Co. v. ManagementSupreme Court, 1973Domestic inquiry and tribunal powersThe judgment explains consequences of a valid or defective inquiry and the tribunal’s role.Maintain a procedurally sound inquiry file; be prepared to prove misconduct before the adjudicatory forum where permitted.
Managing Director, ECIL v. B. KarunakarSupreme Court, 1993Supply of inquiry reportDenial of the inquiry report before punishment can breach natural justice, subject to prejudice analysis.Give the charged employee the report and a meaningful opportunity to respond before final punishment.
D.K. Yadav v. J.M.A. Industries Ltd.Supreme Court, 1993Termination and natural justiceLoss of livelihood through termination requires fair procedure where the termination is founded on alleged conduct.Do not convert alleged abandonment or absence into automatic termination without notice and hearing.
Punjab National Bank v. Kunj Behari MisraSupreme Court, 1998Disagreement with inquiry officerWhen the disciplinary authority proposes to disagree with an exonerating finding, the employee must receive an opportunity on the tentative reasons.Issue a reasoned disagreement note before deciding punishment.
State Bank of Patiala v. S.K. SharmaSupreme Court, 1996Procedural breach and prejudiceNatural-justice challenges often turn on whether the breach caused prejudice, while core hearing requirements remain fundamental.Document service, time, access to records and opportunity to defend.
Bharat Forge Co. Ltd. v. A.B. ZodgeSupreme Court, 1996Defective domestic inquiryWhere an inquiry is found defective, the employer may seek to justify action by leading evidence before the adjudicatory forum, subject to procedural law.Preserve primary evidence and witness availability even after the internal inquiry.
Deepali Gundu Surwase v. Kranti Junior Adhyapak MahavidyalayaSupreme Court, 2013Back wages and reinstatementBack wages depend on the facts, illegality, pleading and evidence; reinstatement is not mechanically separated from monetary consequences.Assess litigation exposure using service length, alternative earnings, conduct and nature of illegality.
Bangalore Water Supply v. A. RajappaSupreme Court, 1978Meaning of industryThe judgment laid down the traditional broad test for industry under the Industrial Disputes Act, subject to later statutory developments.Classify the establishment under the law currently in force and do not rely only on corporate form.
Hussainbhai v. Alath Factory Thozhilali UnionSupreme Court, 1978Real employerThe real economic relationship may prevail over intermediary labels.Substance-test outsourced labour: supervision, integration, payment, control and economic dependence.
Steel Authority of India Ltd. v. National Union Waterfront WorkersSupreme Court, 2001Contract labour absorptionA prohibition notification does not by itself create automatic absorption; sham arrangements may still be examined.Keep contractor independence genuine and auditable.
Air India Statutory Corporation v. United Labour UnionSupreme Court, 1997Contract labourEarlier approach to absorption; portions were revisited by SAIL.Use the current SAIL line and subsequent cases when assessing absorption risk.
Vijaya Bank v. Prashant B. NarnawareSupreme Court, 2025Minimum-service bond and liquidated damagesThe Court considered a minimum-service clause and liquidated damages in a specialised recruitment context. Enforceability remains fact-sensitive and section 27/74 analysis matters.Tie recovery to legitimate recruitment or training cost, use a reasonable period and amount, and avoid punitive restraints.
2025 INSC 555Supreme Court, 2025Departmental inquiry evidenceA departmental inquiry cannot be casual; documents must be proved and the employee must receive a reasonable opportunity.Use competent witnesses, exhibit documents, maintain an unbiased inquiry and record reasons.
2026 INSC 639Supreme Court, 2026Domestic inquiry, dismissal and proportionalityThe Court examined consequences of a vitiated inquiry, fresh proof before the labour court, subsistence allowance, suspension and proportionality.Keep each disciplinary stage legally independent and issue a fresh, evidence-linked show-cause where the original inquiry has failed.
2026 INSC 87Supreme Court, 2026Contract labour and absorptionThe Court revisited contract-labour principles and the absence of automatic absorption solely from prohibition.Test sham contract allegations separately from statutory prohibition.
2025 INSC 781Supreme Court, 2025Maternity leaveMaternity protection must be construed consistently with dignity and substantive equality.Avoid rigid policy readings that defeat maternity protection; review overlapping leave and child-care circumstances.