Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India 1950-Article 226 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Constitution of India, 1950-Article 226--Exhaustion of alternative remedy-Industrial dispute-Unauthorised absence-Termination order-Writ Petition challenging the same-First writ petition dismissed on the ground of availability of alternative remedy and the other one disposed of-Correctness of-Held: High Court erred in disposing of the writ petition since the dispute was an industrial dispute within the meaning of Industrial Dispute Act, 1947. and U.P. Industrial Disputes Act, 1947-Rights and obligations sought to be enforced are created under the Industrial Disputes Act-Also disposal on the ground of delay when disputed questions of fact were involved and also when previous writ petition on the same issue dismissed on the ground of adequate alternative remedy not correct-Res judicata-Industrial Disputes Act, 1947- U.P. Industrial Disputes Act, 1947.Industrial Disputes Act, 1947-Section 22-U.P. Industrial Disputes Act, 1947-Section 65-U.P. Industrial Employment (Standing Orders) Act, 1946- Clause L-2. 12-Unauthorised absence-Issuance of notices but of no avail-Termination of services in terms of the Standing Order-Writ Petition challenging the termination order-Termination order quashed by High Court-Correctness of-Held: Unauthorised absence of employees not due to strike-Notice in compliance with the Standing Orders-Employees did not reply to the notices as such the Management drew presumption against employees that they had abandoned the services in terms of the Standing Order-Employee did not rebut presumption by adducing evidence which being question of fact is to be determined by the appropriate forum-Hence, order of High Court set aside.Strike-Whether amounts to abandonment of service-Held: Person on illegal strike abandons his job-However, cessation of work or refusal to continue in case of legal strike is absence authorized in law. |
Judge | Hon'ble Ms. Justice Ruma Pal |
Neutral Citation | 2004 INSC 109 |
Petitioner | U.p. St Ate Bridge Corporation Ltd. And Ors |
Respondent | U.p. Rajya Setu Nigam S. Karamchari Sangh |
SCR | [2004] 2 S.C.R. 391 |
Judgement Date | 2004-02-13 |
Case Number | 443 |
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