Premium Transmission Private Limited v. State of Maharashtra 2026 INSC 87 - S. 10 Industrial Disputes Act
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Industrial Disputes Act - Section 10 - If a case falls within the second limb or Section 10(1) of the ID Act, the appropriate Government is within its jurisdiction to refer an apprehended dispute to the Labour Court. By applying the same rule of interpretation, it can be construed that the appropriate Government may refer an Industrial Dispute apprehended to the Board, Labour Court and Tribunal. (Para 34) Even if an unfair labour practice is alleged, the applicable statute is the ID Act and the forum, the labour court. In the case of sham and nominal contracts, adjudicatory reliefs of the status of workman vis-à-vis the principal employer are a sine qua non for any other relief. (Para 36)
Legal Maxims - Ubi jus ibi remedium- Where there is a right, there is a remedy in law. (Para 35)
