Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Industrial Disputes Act 194 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Industrial Disputes Act, 1947 - s. 25-O (1) (3) and (5) - Application for closure of mill - Withdrawal off or amicable settlement of the dispute, without liberty to file fresh application - Second application seeking same relief after failure of settlement - Maintainability of - Held: Second application was maintainable - Withdrawal of first application was bonafide - Order of the authority allowing to withdraw the first application cannot be deemed to be order refusing to grant permission, as the order was not passed on merits - Therefore, s. 25 - O(5) has no application - An application under s.25 - O(1) is not a suit, therefore, O.23, r.1(4) CPC will not apply to such an application - Code of Civil Procedure, 1908 - Or. 23 r. 1(4).Judgment - Precedential value of - Ascertainment - Held: Precedential value of a judgment to be ascertained taking into account facts of the case and not out of the context - Precedent.Respondent No.3- Company, suffered heavy loss. With the object to reduce its operational cost, it offered Voluntary Retirement Scheme (VRS) to its employees. Out of 7500 employees, except 275, all opted for VRS. Manufacturing activities of its mill came to standstill. Company, therefore, filed an application u/s 25-O of Industrial Disputes Act, 1947 seeking permission for closure of the mill. Respondent-Company received a letter from the Deputy Labour Commissioner, calling for a meeting, making an effort for amicable settlement between the parties. Company agreed for the meeting and in order to settle the dispute, withdrew its application. However, the effort for settlement failed. Hence, the Company filed fresh application u/s 25-O. Appellant-Union opposed the entertainment of the second closure application on the ground that it was not maintainable in view of the fact that previous application for closure was withdrawn without liberty from the concerned authority to file a fresh application and also filed a writ petition seeking direction to the authority concerned for not proceeding further in relation to the second closure application. High Court dismissed the writ petition. Hence the present appeal. |
Judge | Hon'ble Mr. Justice Markandey Katju |
Neutral Citation | 2007 INSC 1199 |
Petitioner | Sarva Shramik Sanghatana (k.v.) Mumbai |
Respondent | State Of Maharashtra And Others |
SCR | [2007] 12 S.C.R. 645 |
Judgement Date | 2007-11-28 |
Case Number | 5458 |
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