Indian Army's Core Function Of National Security Is A Sovereign Function, Cannot Be Categorized As 'Industry': J&K High Court
Live LawThe Jammu and Kashmir High Court ruled that the Army does not fall within the definition of an 'Industry' and thus, the Labour Court, which had ruled in favor of the writ petitioners serving as porters in the Indian Army, ordered their reinstatement with full back wages, had no jurisdiction to entertain the case. It observed that it would not be in the fitness of things to permit the Army to follow an archaic practice of “hire and fire.” The court also directed the appellants to clear any back wages to the writ petitioners, and should the appellants not hire the writ petitioners, the ₹5 Lakhs deposited by the appellants should be paid to the writ petitioners in equal shares to enable them to settle in life. The petitioners eventually approached the Industrial Tribunal-cum-Labour Court, J&K, under Section 2-A of the ID Act, seeking reinstatement and back wages. The Indian Army challenged this ruling before the J&K High Court, which upheld the Labour Court's award.
History of this topic
Industrial Disputes Act | Violation Of Retrenchment Procedure U/S 25F & 25G Warrants Reinstatement, Not Mere Compensation: Gujarat HC
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