Authority: Calcutta High Court

Order Date: 15.10.2026

Case Overview

  • Petition: G.R.S.E. Ltd. Workmen's Union filed writ application (WPA 29884 of 2026) on 08.10.2026 against Garden Reach Shipbuilders & Engineers Ltd. (GRSE Ltd.) and others.
  • Show‑cause notice: An employee was show‑caused; the employee replied on 10.10.2026.
  • Earlier direction: The Court had issued an order on 13.10.2026 directing formation of safety committees in three units after trade‑union elections.
  • Legal argument: Counsel for petitioner argued the show‑cause notice presumes guilt; counsel for respondents cited substitution of the Factories Act by the Occupational Safety, Health and Working Conditions Code, 2020 (OSHC Code), specifically Section 22 on Safety Committees.
  • Section 22 mandates that the number of worker representatives on a Safety Committee shall not be less than the number of employer representatives and that workers be chosen as prescribed by the Government.
  • Respondents indicated willingness to constitute safety committees after trade‑union elections, which are not expected within six months.

Court Directions

1. The authority must consider the employee’s reply to the show‑cause notice and must not enter the proceeding with a preconceived view of guilt, ensuring a fair hearing in line with principles of natural justice.

2. The authority shall proceed with the show‑cause notice in accordance with law.

3. The safety committees for the three units must be re‑constituted as per the Court’s observations in the 13.10.2026 order, within 30 days from the date of this order.

4. Representation on the Safety Committee must reflect equal representation from each recognized union functioning within the premises, and the number of worker representatives shall be at least equal to the number of employer representatives.

5. While the petitioner may constitute the safety committees, the respondents must be guided by the constitution of the Central Safety Committee.

6. The writ application is disposed of; any connected applications, if any, are also disposed of.

7. An urgent photostat certified copy of this order may be supplied to the parties upon compliance with requisite formalities.

Final Outcome

  • The Court orders GRSE Ltd. to re‑constitute safety committees in its three units within 30 days, ensuring parity of employer‑worker representation and compliance with Section 22 of the OSHC Code 2020, and to consider the employee’s show‑cause reply without presumption of guilt. The writ petition is dismissed.

Topics: Labor Law, Occupational Safety