Indian Drugs & Pharmaceuticals Ltd. vs Workman IDPL - Supreme Court Case
Indian Drugs & Pharmaceuticals Ltd. vs Workman, Indian Drugs & Pharmaceuticals Ltd. - Supreme Court Case Summary of Leading Case -
On 16th November, 2006, a two Judges Bench in Indian Drugs & Pharmaceuticals Ltd. vs Workman, Indian Drugs & Pharmaceuticals Ltd. [Civil Appeal No.4996 of 2006] held that “orders for creation of posts, appointment on these posts, regularisation, fixing pay scales, continuation in service, promotions, etc. are all executive or legislative functions and it is highly improper for Judges to step into this sphere, except in a rare and exceptional case.” “The Courts must “exercise judicial restraint and not encroach into the executive or legislative domain”, the Bench said.
Alarmed that in the instant case the Labour Court and the High Court passed orders in favour of the Respondent-casual workers on the basis of emotions and sympathies, the Bench held that “cases in Court have to be decided on legal principles and not on the basis of emotions and sympathies.”