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Gulshan Prakash v. State of Haryana (2010) 1 SCC477

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Gulshan Prakash v. State of Haryana (2010) 1 SCC 477||Case Summary  Introduction  In this appeal, the Court has interpreted Article 15(4) of the Fundamental Right. It has been added by the 1st Amendment Act, of 1951. Facts The State of Haryana instructed Maharshi Dayanand University (MDU), Rohtak to conduct entrance examination for MD/MS/PG courses for the Session 2008-2009. The appellant made a representation to the Health Secretary for providing reservation for SC and ST in the Post Graduate courses, Since there was no response from the Health Secretary the Appellant filed a petition in the High Court.  The High Court dismissed the petition of the appellant therefore the appellant approached the Supreme Court by Special Leave Petition under Article 136. Appellant Contentions  MDU, Rohtak has provided 20% reservation for the graduate level courses or undergraduate courses therefore the said University should also provide reservation in for the PG courses.  The Government o
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Municipal Corporation of Delhi v. Female Workers (Muster Roll) AIR 2000 SC 1274

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Municipal Corporation of Delhi v. Female Workers (Muster Roll) Case Summary 

Facts

In this landmark case, the female workers employed on a muster roll basis by the Municipal Corporation of Delhi (MCD) filed a petition seeking maternity benefits. The female workers argued that they should be entitled to the same maternity benefits as regular employees under the Maternity Benefit Act, 1961. 

Issue

  1. Whether female workers employed on a muster roll basis are entitled to maternity benefits under the Maternity Benefit Act, 1961? 

Respondent's Contentions

1. Right to Maternity Benefits: The petitioners contended that the Maternity Benefit Act, 1961, which provides maternity benefits to female workers, should be applicable to them despite their muster roll status.
2. Equality and Non-discrimination: They argued that the denial of maternity benefits to muster roll female workers was discriminatory and violated their right to equality under Article 14 and right to life and personal liberty under Article 21 of the Constitution of India.

Case History

  1. Industrial Tribunal allowed the claim of the female workers and directed the corporation to extend the benefit under the Maternity Benefit Act, 1961 to them.
  2. The single Judge Bench of the High Court rejected the writ petition filed by the Municipal Corporation of Delhi.
  3. A 2nd appeal in the High Court before a division bench also got rejected on the ground of delay.
  4. The Supreme Court expressed its views on the matter of law based on the facts.

Appellant's Contentions

  1. Applicability of the Act: The MCD argued that muster roll workers were not regular employees and hence were not entitled to benefits under the Maternity Benefit Act, 1961.
  2. Since, the Maternity Benefit Act, 1961 do not apply to the Corporation, the direction made by the Tribunal is void.
  3. The Maternity Benefit Act applies only to the workwomen of an industry, and not to the employees of the Municipal Corporation. And here, the Corporation is not an industry.

Observations

  1. Interpretation of the Maternity Benefit Act: The Supreme Court held that the Maternity Benefit Act, 1961, is a beneficial legislation intended to provide maternity benefits to all female workers, irrespective of their employment status.
  2. Constitutional Mandate: The Court emphasized that the denial of maternity benefits to muster roll female workers would violate their fundamental rights under Articles 14 and 21 of the Constitution. The Court underscored the importance of ensuring equality and non-discrimination in the provision of maternity benefits.
  3. The concept of social justice is an integral part of the industrial law, and it must be taken into consideration while adjudicating an industrial dispute, as observed in J.K. Cotton mills v. Labour Appellate Tribunal of India, 1964.
  4. Municipal Corporations or boards have already been included within the meaning of "industry", as observed in various cases. Also, the activities of municipalities had been observed to be within the meaning of "undertaking", in the case of Budge Budge Municipality v. P.R. Mukherjee, 1953. In the present case, the Municipal Corporation of Delhi was engaged in construction work which obviously makes it an industry, as it is a settled law.
  5. Article 11 of the 1979 "Convention on the Elimination of all Forms of Discrimination against Women" provides for social security, paid leave, right to equality remuneration, maternity leave and various other measures to be taken by the State/parties to eliminate discrimination, hence it must be taken into account.

Decision

The Supreme Court ruled in favor of the female workers, holding that they are entitled to maternity benefits under the Maternity Benefit Act, 1961, despite their muster roll status. The Court directed the Municipal Corporation of Delhi to extend these benefits to all female workers employed on a muster roll basis.

Impact

This landmark judgment has had a significant impact on labor law and women's rights in India, ensuring that all female workers, regardless of their employment status, receive maternity benefits. The decision has set a precedent for similar cases and has contributed to the broader recognition and protection of workers' rights in the country.

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Ashbury Railway Carriage and Iron Co. Ltd. v. Riche (1875)

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Ashbury railway carriage v riche|| Case Summary  Introduction   This case is related to the " Doctrine of Ultra Vires". In this case, the directors of the appellant company made an agreement with the plaintiff which was beyond the objectives, as mentioned in its MoA, of the appellant Company. Since the agreement was beyond its objectives, the appellant company repudiated the agreement later. Therefore the suit was brought by the plaintiff to recover the damages. Facts   The directors of the appellant company (Ashbury Railway Carriage) had contracted to obtain a concession from Gillon and Poeters Baerston, who obtained this right from the Belgian Government, to make a railway.  For this purpose, the directors of the appellant company again entered into a contract with Riche, a contractor, the purpose of which was to establish a société anonyme,  and as the plaintiff went on with the work, the appellant company had to pay into the hands of société anonyme,  Earlier the sharehol
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Workmen of Dimakuchi Tea Estate v. Dimakuchi Tea Estate, AIR 1958 SC 353

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Workmen of Dimakuchi Tea Estate v. Dimakuchi Tea Estate, AIR 1958 SC 353 Case Summary Introduction The case of Workmen of Dimakuchi Tea Estate v. Dimakuchi Tea Estate involved a dispute between the management of the Dimakuchi Tea Estate and its workers. This case has discussed and cleared the meaning of the expression "any person" used in S.2(K) of the Industrial Dispute Act, 1947. The Supreme Court ruled in favour of a limited interpretation of the term "any person" thereby excluding the present appellant from the ambit of the Industrial Disputes Act of 1947. This decision denied the jurisdiction of the Industrial Tribunal to adjudicate the dispute and extended the benefits and protections of the Act to the employers. Facts of the Case The dispute was raised over the termination of the service of Dr K.P. Banerjee, who was appointed as an Assistant Medical Officer in the Respondent's estate (Dimakuchi Tea Estate), on the grounds of being incompetent. Although th
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