Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Industrial Disputes Act 1947 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Industrial Disputes Act, 1947 (14 of 1947) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Industrial Disputes Act 1947 (XIV of 1947) - S. 10(1)-Government refused to refer dispute for adjudication - If could reconsider decision and refer dispute after lapse of time - Whether fresh material necessary for reconsideration of earlier decision. Ss. 25F and 25 FFF - Notice of retrenchment - Undertaking what is - Closure of painting sub-section in a factory, not closure of undertaking. Words and Phrases - 'At any time' - Meaning of. The appellant's factory was divided into two sections; manufacturing section and packing material making section. The packing material making section comprised two sub-sections : manufacturing containers and painting containers. The appellant decided to buy containers from the market and consequently closed down its packing material making section but continued the painting section. After a lapse of years, the employer served a notice of retrenchment on the two workmen (respondents nos. 3 and 4) and another employee all of whom at that time were working in the painting section alleging that the undertaking is closed. 'They v.·ere asked to collect their dues under s. 25FFF of the Industrial Disputes Act, 1947. The Trade Union of the employees submitted a number of demands one of which related to the reinstatement of the two retrenchment workmen with full back wages. The Government referred all their demands to the Industrial Tribunal but declined to refer the demand relating to reinstatement of the two retrenched workmen. A few months later, however, the Government referred this demand as well for adjudication. The Tribunal held (I) that though in the first instance the Government refused to refer the dispute it was competent to make a reference at a later date and (2) that the retrenchment of the workmen was invalid because the appellant did not comply with the provision of s. 25F. The appellant's writ petition was dismissed in limine. In appeal to this Court it was contended that (1) the Government having once declined to make a reference, had no power to make a reference in respect of the same dispute at a later date unless it had some fresh or additional material before it; and (2) since the painting undertaking was a separate and independent undertaking, the case was governed by s. 25FFF and not by s. 25F . |
Judge | Hon'ble Mr. Justice D.A. Desai |
Neutral Citation | 1978 INSC 207 |
Petitioner | Avon Services (production Agencies) Pvt. Ltd. |
Respondent | Industrial Tribunal, Haryana Faridabad & Ors . |
SCR | [1979] 2 S.C.R. 45 |
Judgement Date | 1978-10-06 |
Case Number | 634 |
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