Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Labour Law-Retrenchment Interim Order-Bank guarantee for payment of dues of worker |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Interim Order-Bank guarantee for payment of dues of workers-Retrenchment of workers-Challenged before Industrial Court-Jurisdiction of Industrial Court questioned-It was pleaded that instead, the labour court had jurisdiction-Industrial court set aside order of retrenchment and directed the employer to pay wages of all retrenched employees as also of striking employees-Writ petition before High Court-Interim order by High Court staying operation of the order-Division Bench of High Court directing employer to furnish bank guarantee to the extent of 50% of wages due-Held, employer would pay two year's wages to each employee concerned-High Court to dispose of expeditiously the writ petition involving the issues relating to jurisdiction of Industrial Court and justifiability of retrenchment order Labour Law-Retrenchment. Appellant-employer retrenched some of its employees. A large number of employees went on strike. Employer did not allow some of the striking employees to resume their work. Later, the respondent-Association filed a complaint in the Industrial Court challenging the retrenchment. The appellant contended that the Industrial Court had no jurisdiction and the matter could be dealt with only by the labour court. The Industrial Court set aside the retrenchment order and gave direction for payment of back wages of the retrenched employees and the dues of striking employees with effect from 1991. The employer filed a writ petition before the High Court and the single Judge, by an interim order, partly stayed operation of the order of the Industrial Court. On appeal by the respondent-Association, the Division Bench of the High Court directed the employer to furnish security/bank guarantee to the extent of 50% of the amount of wages payable to the employees as per order of Industrial Court. Aggrieved, the employer filed the present appeal. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2005 INSC 213 |
Petitioner | M/s. S.v. Tank & Vessel Pvt. Ltd. |
Respondent | Engineering Workers Association |
SCR | [2005] 3 S.C.R. 651 |
Judgement Date | 2005-04-18 |
Case Number | 2657 |
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