| Content Provider | Supreme Court of India |
|---|---|
| e-ISSN | 30484839 |
| Language | English |
| Access Restriction | NDLI |
| Subject Keyword | Industrial Disputes Act 1947 – ss.10(1)(d) 17B 25F – Acquiescence – Estoppel. |
| Content Type | Text |
| Resource Type | Law Judgement |
| Jurisdiction | India |
| Act(s) Referred | Industrial Disputes Act, 1947 (14 of 1947) |
| Case Type | Appeal |
| Court | Supreme Court of India |
| Disposal Nature | Appeal Disposed Off |
| Headnote | Approbate and Reprobate – Held: A party to a proceedingcannot be permitted to challenge the same but thereafter abide by itout of its own free will; garner benefit from it; get the oppositeparty to effectively alter its position and then press its challengeafter the passage of a considerable length of time – In the presentcase, the management of FCI filed writ petition challenging the Awardpassed by the Industrial Tribunal but, depsite having securedconditional interim relief therein, it still chose to implement theimpugned Award though it was under no compulsion to do so –Management did not stop short at just reinstating the workmen inservice but went further and absorbed them in regular service –Such absorption in service was not at all required under the interimorder and was, therefore, squarely attributable to the will and volitionof the management of FCI itself – The plea of the management thatit was compelled to comply with the Award under the threat ofcontempt, cannot be accepted as the contempt proceedings wereclosed long prior to issuance of the orders of ‘reinstatement’ and‘absorption’ – In effect, the management of FCI chose to acquiescewith and accept the Award passed by the Tribunal in its entirety,though it made such compliance subject to the result of the writpetition – Having allowed the workmen to put in regular service toits own benefit for over two decades, the management cannot claiman indefeasible right to continue with and canvass its challenge tothe Award, merely because it made its compliance with the Awardconditional long ago – Judgment passed by the Division Bench ofthe High Court set aside – Order of the Single Judge and the Awardpassed by the Industrial Tribunal restored, subject to the condition stated – Industrial Disputes Act, 1947 – ss.10(1)(d), 17B, 25F –Acquiescence – Estoppel. |
| Judge | Hon'ble Mr. Justice Sanjay Kumar |
| Neutral Citation | 2023 INSC 588 |
| Petitioner | Their Workmen Through The Joint Secretary (welfare), Food Corporation Of India Executive Staff Union. |
| Respondent | Employer In Relation To The Management Of The Food Corporation Of India & Anr. |
| SCR | [2023] 10 S.C.R. 117 |
| Judgement Date | 2023-07-03 |
| Case Number | 4152 |
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