Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1947 lndustrial Disputes Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | lndustrial Disputes Act, 1947 - Workmen went on peaceful strike - Did not Join duty to response to cornpany's notices - if amounts to abandonment of duty - Words & Phrases - Abandonment - Meaning of. In support of their demand for reinstatement of certain dismissed union leaders a number of workmen, including the appellants had gone on an indefinite peaceful strike. The Company (respondent) put up a notice that the strike was illegal and that the striking workmen were liable to disciplinary action for misconduct. A week later, the company issued individual notices to the appellants and other workmen calling upon them to report for duty, failing which their absence would be construed as voluntary abandonment of service and that their names would be struck off the muster rolls. A few days later the company informed the workmen concerned that by not reporting for duty they had confirmed its presumption that they were no longer interested to continue in its service that they had totally abandoned its service. The names of the appellants had been struck off the rolls. In final settlement of the workers' claims for gratuity, leave salary and a month's salary a cheque was sent to each of the appellants. But the appellants returned the cheques to the company pointing out that they were interested in the service of the company and that they had neither voluntarily abandoned the service nor did they wish to do so and that they would report for work as soon as the strike was called off. Thereafter, although there were prolonged negotiations between the union and the company, the company did not take them into its service. Since a dispute was pending before an Industrial Tribunal application was made under s. 33A of the Industrial Disputes Act, 1947. The Tribunal rejected the workers' demand for reinstatement. In appeal to this Court it was contended on behalf of the appellants that (i) removing their names from the rolls was illegal and arbitrary; (ii) the appellants had not voluntarily abandoned the company's service and (iii) since termination of service could only be in accordance with standing orders, and since the standing orders in this case did not provide for treating the workmen as having abandoned the service in case they were absent in connection with a strike, the company's action in terminating the appellants' services was illegal. |
Judge | Hon'ble Mr. Justice Jaswant Singh |
Neutral Citation | 1978 INSC 252 |
Petitioner | G. T. Lad & Ors |
Respondent | Chemicals & Fibres Of India Ltd. |
SCR | [1979] 2 S.C.R. 613 |
Judgement Date | 1978-12-06 |
Case Number | 1188 |
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