Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Industrial Disputes Act ex turpi causa non oritur actio |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Labour Laws : Industrial Disputes Act, 1947; Ss. 2(P), 2(S), 12(3), 18(3), 25(1), 25(O) and 25(N): Closure of an industrial undertaking and retrenchment of workmen-Requirements of-Held: Employer bound to seek prior permission from appropriate Government before effecting closure of Undertaking-Interest of workmen has to be taken into consideration by the appropriate Government before granting/refusing such permission-Since 'statutory requirements are imperative in character, they prevail over right of parties to arrive at a settlement-Settlement arrived at between employer and workmen did not conform to statutory conditions and public policy in terms of relevant mandatory provisions of the Act-Hence void-Contract Act, 1872-Section 23. Legal Maxims : Maxim "ex turpi causa non oritur action"-Applicability of The questions which arose for determination in this appeal were as to whether in case of closure of an Industrial Undertaking, prior permission of the appropriate Government is imperative and as to whether a settlement arrived at between the employer and the workmen would prevail over the statutory requirements as contained in Section 25-N and Section 25-O of the Industrial Disputes Act. It was contended by the appellant-Undertaking that having regard to the purport and object of the Industrial Disputes Act, a settlement arrived at in the course of conciliation proceedings within the meaning of sub-section (3) of Section 12 of the Act is binding on all workmen in terms of Section 18 of the Act; that in view of such a settlement, the writ petition filed by the Respondents was not maintainable; and that the non-obstante clause contained in Section 25-J occurring in Chapter V-B will have no application to a proceeding contained in Chapter V-B thereof. Respondent-workmen's Union submitted that the provisions of Section 25-N and 25-O of the Act are imperative in character. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2005 INSC 78 |
Petitioner | M/s. Oswal Agro Furane Ltd. And Anr. |
Respondent | Oswal Agro Furane Workers Union And Ors. |
SCR | [2005] 2 S.C.R. 94 |
Judgement Date | 2005-02-14 |
Case Number | 1469 |
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