Kerala High Court: “Employment” Under Section 17B Includes Self‑Employment If Income Is Adequate

The Kerala High Court ruled that “employment” under Section 17B of the Industrial Disputes Act includes self-employment if the person earns sufficient income.

Justice S Manu dismissed a plea by Smitha Francis, who sought ₹4.14 lakh in wages claiming unemployment since 2011. Her employer, Shwas Homes, proved she was involved in profit-making businesses. The Court held that hiding such facts weakened her claim.

Citing Supreme Court precedent, it clarified that lack of formal employment doesn’t justify relief if a person earns adequately through independent ventures.

[Smitha Francis Alias Smitha Ajay v Shwas Homes Pvt Ltd and Anr]