Ram Gopal Dwivedi v. M/S Kanpur Electricity Supply Co. Ltd.

Case Details & Bench

Court: High Court
Hon'ble Judges: R. K. Agrawal
Abhay Manohar Sapre, JJ.
Judgment Date: 2017-07-25
Court Decision / Holding: Appeals dismissed.
Final Disposition: Appeals dismissed.

Parties to the Case

Appellants / Petitioners

Ram Gopal Dwivedi

Respondents

M/S Kanpur Electricity Supply Co. Ltd. through its General Manager

Legal Representation & Advocates

Counsels for Petitioners

• Satya Mitra Garg; Manju Aggarwal, Advs. for the Appellant

Counsels for Respondents

• Dr. Rajeev Sharma; Dharmendra Sharma; Vipin Kumar Sharma; Raghuvir Sharma; Haji Salimuddin, Advs. for the Respondent

Case Synopsis & Summary

Ram Gopal Dwivedi v. M/S Kanpur Electricity Supply Co. Ltd. concerns the termination of two apprentice trainees of the Kanpur Electricity Supply Company under the Apprentices Act, 1961. The Labour Court found the terminations illegal, directing reinstatement of the appellants with 50% back wages. The Allahabad High Court, however, reversed and set aside those awards, relying on the decision in U.P. State Electricity Board v. Shiv Mohan Singh & Anr. (2004) 8 SCC 402 (and its Suppl. SCR reference), concluding that the appellants, as apprentices trained under the Apprentices Act, did not enjoy the protections of the Industrial Disputes Act, and that the termination was legal and proper. The appellants challenged this, arguing the facts were identical to the UPSEB case and that the Labour Court’s findings should stand. In a unanimous judgment, the Supreme Court held that the facts were almost identical to the UPSEB decision and that the High Court was justified in relying on that precedent. Consequently, there is no merit in the appeals, the Labour Court’s awards are set aside, and the termination is upheld; the appeals are dismissed.

Provisions of Law Cited

Section 78 (c) of the Electricity (Supply) Act, 1948Apprentices Act, 1961Industrial Disputes Act, 1947Section 25-F of the Industrial Disputes Act, 1947Section 6-N of the Uttar Pradesh Industrial Disputes Act, 1947

Submissions & Arguments

Contentions of Appellants / Petitioners

The appellants challenged the High Court’s reversal of the Labour Court’s awards directing reinstatement with 50% back wages, arguing that the case facts were aligned with the UPSEB precedent and that the Labour Court’s findings of illegal termination and subsequent protections should be sustained. They contend that apprentices trained under the Apprentices Act fall within the labour protections invoked, and that the High Court erred in placing reliance on outdated distinctions without recognizing the nearly identical factual matrix with UPSEB (supra).

Contentions of Respondents

The respondents contended that the termination of the apprentices was legal and proper. Relying on the decision in U.P. State Electricity Board v. Shiv Mohan Singh (UPSEB) and its rationale, they argued that apprentices, after completing their training, cannot be deemed workers under the Industrial Disputes Act, and therefore are not entitled to the protections claimed in the Labour Court’s awards. The High Court’s conclusion to set aside the Labour Court’s awards was, in their view, correct and in line with statutory interpretations governing apprentices and industrial disputes.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
U.P. State Electricity Board v. Shiv Mohan Singh & Anr.	(2004) 8 SCC 402; 4 Suppl. SCR 953	Positive	The Supreme Court relied on this precedent to justify the High Court’s approach in upholding the termination; the facts are held almost identical, aligning with the UPSEB case and supporting the dismissal of the appeals.

Extracted Judgment Text

Exact text extracted from official judgment records.

## [2017] 6 S.C.R. 414 A ## RAM GOPAL DWIVEDI v. ## M/S KANPUR ELECTRICITY SUPPLY CO. LTD. THROUGH ITS GENERAL MANAGER B (Civil Appeal No. 8125 of2009) ## JULY25,2017 ## [R. K. AGRAWAL AND ABHAY MANOHAR SAPRE, JJ.] ## _Labour Laws:_ c _Industrial dispute·_ - _Raised after termination of services of the appellants-workmen_ - _Labour Court held the termination of workmen as illegal and directed their reinstatement with 50% back wages_ - _High Court relying on_ *Shiv Mohan Singh _case set aside the order of Labour Court_ - _On appeal, held: Facts of_ Shiv Mohan D Singh's _case is identical to the facts of the present case_ - _High Court_ - _rightly relied on that case Appeals dismissed._ _*U.P. State Electricity Board v. Shiv Mohan Singh & Am:_ (2004) s sec 402 : [2004) 4 Suppl. SCR 953 - relied on. E ## Case Law Reference [2004) 4 Suppl. SCR 953 relied on. Para7 CIVIL APPELLATE JURISDICTION: Civil Appeal No. 8125 of2009. F From the Judgment and Order dated 02.07.2007 of the High Court of Judicature at Allahabad in C. M. Writ Petition No. I 0377 of 1998. ## WITH C. A. No. 8126 of2009. G Satya Mitra Garg, Ms. Man ju Aggarwal, Advs. for the Appellant. Dr. Rajeev Sharma, Dharmendra Sharma, Vipin Kumar Sharma, Raghuvir Sharma, Haji Salimuddin, Advs. for the Respondent. H 414 415 RAM GOPAL DWNEDI v. M/S KANPUR ELECTRICITY SUPPLY CO. LTD. The Judgment of the Court was delivered by A **ABBAY MANOHAR SAPRE, J.** 1. Both these appeals are filed against the final common judgment and order dated 02.07.2007 passed by the High Court of Judicature at Allahabad in C.M.W.P Nos. I 0377 and I 0389of1998 whereby the High Court allowed the writ petitions filed by the respondent herein and set aside the awards dated B 29.08.1996 and 28.02.1997 given by the Presiding Officer, LabourCourt (Ill) Kanpur in Adjudication Case Nos. 136of1994 and 129of1994 by which the Labour Court held that the termination of the appellants illegal and directed their reinstatement and payment of 50% back wages. 2. We herein set out the facts, in brief, to appreciate the issue involved in these appeals. C 3. The respondent is a unit of the U.P. State Electricity Board (hereinafter referred to as "the Board"). It is known as Kanpur Electricity Supply Company Ltd. (for short KESC). The terms and conditions of the employees working with the respondent are governed by the statutory D regulations framed by the Board in .exercise of its powers under Section 78 (c) of the Electricity (Supply) Act, 1948. 4. The appellants were engaged by the respondent to work in their set up as trade Apprentices under the Apprentices Act, 1961. In terms of the agreement, they were to undergo training in the trade of E Boiler Attendant/Cable Jointer. Their period of training was 3 years. It was to come to an end after the expiry of contract period. 5. The respondent accordingly terminated the services of the appellant in C.A. No. 8125 of2009 on 01.08.1989 and the appellant in C.A. No. 8126 of2009 on 13.07.1990. This gave rise to the dispute between the appellants and the respondent, which led to making of the industrial reference to the Labour Court, Kanpur to decide as to whether the termination of the appellants from the services was legal or/and proper and, if so, what relief the appellants are entitled to? 6. Parties filed their statements and adduced evidence before the Labour Court. By awards dated29.08.1996 and 28.02.1997, the Labour Court answered the reference in appellants' favour. It was held that, (i) the appellants were not paid any retrenchment compensation before terminating their services; (ii) no inquiry was held; (iii) the appellant having served with the respondent for more than two years, they were F G H 416 [2017] 6 S.C.R. SUPREME COURT REPORTS - A entitled to the protection of labour laws. The Labour Court, therefore, set aside the termination order and directed reinstatement of the appellants together with payment of 50% of back wages. 7. The respondent (employer), felt aggrieved of the awards, filed writ petitions before the High Court at Allahabad and questioned its B legality and correctness. By impugned judgments, the High Court allowed the writ petitions and set aside the awards of the Labour Court. The High Court held that the case at hand are fully covered by the decision of this Court in U.P. State Electricity Board vs. Shiv Mohan Singh & Anr., (2004) 8 SCC 402 against the appellants and hence the Labour Court erred in answering the reference in appellants' favour by setting c aside the termination order and directing the appellants' reinstatement in service with 50% payment ofback wages. It was held that the reference should have been answered in respondent's favour by upholding the appellants' termination as legal and proper. 8. The appellants, felt aggrieved by the impugned judgments, have D filed these appeals by special leave before this Court. 9. Heard Mr. Satya Mitra Garg, learned counsel for the appellants and Dr, Rajeev Sharma, leaned counsel for the respondent. I 0. Having heard the learned counsel for the parties and on perusal - E of the record of the case, we find no merit in these appeals. 11. In our considered opinion, the High Court was fully justified in placing reliance on the decision rendered by this Court in the case of U.P. State Electricity Board (supra) for allowing the respondent's writ petitions and setting aside of the awards of the Labour Court. Indeed, the facts of this case and of U.P. State Electricity Board's case F (supra) are almost identical. 12. In fact, we find that in both the cases, the employees were working as Boiler Attendant/Cable Jointer in UPS EB and were appointed as Apprentices. G 13. This Court (Three Judge Bench) in the case of U.P. State Electricity Board (supra) examined the provisions of Apprentices Act, 1961 in the context of U.P. Industrial Disputes Act, 194 7 and then applying the law laid down in the case set aside the award of the Labour Court and upheld the termination. H RAM GOPAL DWIVEDI v. M/S KANPUR ELECTRICITY 417 SUPPLY CO. LTD. [ABHAY MANOHAR SAPRE, J.] 14. This would be clear from the facts set out from the case of A U.P. State Electricity Board (supra) in para 63 which reads as under: "63. Respondent 1 Shiv Mohan Singh was appointed as an apprentice Boiler Attendant under the Apprentices Act, 1961 from 11-4-1985 to 10-4-1988 and underwent training of the U.P. State Electricity Board. His contract was drawn B up but not registered with the Apprenticeship Adviser. He completed his three years' training and a certificate to this effect was issued to him and he was directed to appear before the National Council and on passing thereof he was to be awarded a certificate of proficiency as a Boiler Attendant. From this fact it is apparent that he was appointed C as an apprentice trainee in the designated trade of Boiler Attendant. After completion of his training his services were terminated on 10-4-1988. It is clear from this fact that he was a Boiler Attendant. He completed three years' training and after end of the training he was relieved as per the D terms and conditions of the appointment as an apprentice in designated trade of Boiler Attendant and therefore he cannot be declared to be a worker under the Act and he cannot claim the benefit of Section 25-F of the Industrial Disputes Act, 1947 or under Section 6-N of the U.P. E Industrial Disputes Act, 1947. In this light the award given by the Labour Court in Award Dispute No. 166of1991 dated 12-8-1993 and the order dated 26-9-2002 passed in WP No. 21560 of 1995 by the High Court cannot be sustained. Civil appeal is allowed. Both the orders of the High Court dated 26-9-2002 and the award of the Labour Court dated 12-8F 1993 are set aside." E F 15. As mentioned supra, the facts of both the cases appear identical. In this view of the matter, the High Court, in our view, was justified in placing reliance on the decision of this Court in U.P. State Electricity Board (supra) and rightly allowed the respondent's (employer's) writ petitions and set aside the awards of the Labour Court. It is rather unfortunate that the Labour Court did not take note of the law laid down in U.P. State Electricity Board's case and wrongly set aside the termination orders. We, therefore, concur with the reasoning and the conclusion arrived at by the High Court and uphold the impugned judgment. G H 418 [2017] 6 S.C.R. ## SUPREME COURT REPORTS A 16. In view of foregoing discussion, we find no merit in the appeals, which thus fail and are accordingly dismissed. Kalpana K. Tripathy Appeals dismissed.