Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Industrial Disputes Act 1947: s. 25-FF- Reference of dispute |
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-FF- Reference ofdispute - Appellant company took over the factory of thirdrespondent company along with its workmen in accordancewith provision of s. 25-FF-After sometime appellant companyframed a voluntary retirement scheme which all workmen oferstwhile company availed -After few months of acceptingVRS, respondent-Union raised demand seeking theirreinstatement in factory of third respondent - Stand ofappellant company was that industrial dispute could not beraised since all the workmen had taken VRS benefits andtherefore they were neither the workmen of appellant nor thirdrespondent anymore - Labour Commissioner declined tomake an order of reference to Industrial Tribunal stating thatthere was no industrial dispute in existence between theparties - Writ petition - High Court held that the acceptanceof benefits of concerned workmen from appellant may notestablish the fact that no force or compulsion was exercisedby appellant and this was most contentious and disputedquestion of fact which could not have been decided by StateGovernment in exercise of its administrative power anddirected Labour Commissioner to make an order of referenceto Industrial Dispute - |
Judge | Hon'ble Mr. Justice V. Gopala Gowda |
Neutral Citation | 2015 INSC 372 |
Petitioner | M/s Arianeorgachem Pvt. Ltd. |
Respondent | Wyeth Employees Union & Ors. |
SCR | [2015] 6 S.C.R. 144 |
Judgement Date | 2015-04-29 |
Case Number | 246 |
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