| Content Provider | Supreme Court of India |
|---|---|
| e-ISSN | 30484839 |
| Language | English |
| Access Restriction | NDLI |
| Subject Keyword | 1947 Industrial Disputes Act s.11 Res judicata s.10 CPC |
| Content Type | Text |
| Resource Type | Law Judgement |
| Jurisdiction | India |
| Act(s) Referred | Industrial Disputes Act, 1947 (14 of 1947) Code of Criminal Procedure, 1973 (2 of 1974) |
| Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
| Case Type | Appeal |
| Court | Supreme Court of India |
| Disposal Nature | Appeal Allowed |
| Headnote | Code of Civil Procedure, 1908 – s.11 – Res judicata – Industrial Disputes Act, 1947 – s.10 – Central Government directed Appellant No.1-PSU to reduce the retirement age of pre-1978 employees from 60 years to 58 years – Respondents-Trade Unions filed writ petition against the direction – Single Judge of the High Court dismissed the writ petition – In intra-Court appeal, the Division Bench of the High Court affirmed the order of the Single Judge of the High Court – Aggrieved, Trade unions filed special leave petitions in the Supreme Court, which were dismissed – Thereafter, State Government made an industrial reference at the instance of the Trade unions to the Labour Court regarding the same issue – The Labour Court held that the reference made by the State was barred by the principle of res judicata – Aggrieved, Trade unions filed another writ petition against the award passed by the Labour Court – High Court quashed the award passed by the Labour Court and held that reference was not barred by res judicata – On appeal, held: After the dismissal of the Special Leave Petitions filed by the Trade Unions, the issue in relation to reduction of age had attained finality – The High Court was not justified in setting aside the awards of the Labour Court, which had rightly held that it (Labour Court) had no jurisdiction to entertain the reference and nor it had the jurisdiction to answer it on merits – No judicial forum at the instance of any party to the Lis had jurisdiction to try these issues again on its merits – It was barred for being tried again by virtue of principles of res judicata contained in Section 11 of the Code, which has also application to the labour/industrial proceedings. |
| Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
| Neutral Citation | 2019 INSC 514 |
| Petitioner | Chairman And Managing Director,the Fertilizers And Chemicals Tranvancore Ltd. & Anr. |
| Respondent | General Secretary Fact Employees Association & Ors. |
| SCR | [2019] 5 S.C.R. 740 |
| Judgement Date | 2019-04-11 |
| Case Number | 3803 |
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