NDLI: National Kamgar Union Vs. Kran Rader Pvt. Ltd. & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Industrial Disputes Act 1947 Constitution Supervisory jurisdiction
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India Industrial Disputes Act, 1947 (14 of 1947)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Case Disposed Off
Headnote	Industrial Disputes Act, 1947– Chapter VB – s.25K – Applicability of – Closure of manufacturing unit by factory owner – Issuance of closure notice by the owner – Complaint by appellant- Union against the factory owner – Industrial Court held the closure illegal since 115 workers were found working at the relevant time and s.25K was not complied with while effecting the closure of the unit – However, High Court held that 99 workers were found working in the Unit at the relevant time, thus, compliance of s.25K while declaring the closure not required – Interference with – Held: Reasoning assigned by the High Court is just and reasonable, thus, does not call for interference – Total strength of workers employed at the relevant time in Unit was 99 and that the status of 16 disputed employees could not be conclusively proved to be that of a “workman” – Appellant in order to prove the status of 16 employees, did not adduce any cogent evidence as against the evidence of the factory owner, thus, it was not possible for this Court to hold that the finding of the High Court is wholly arbitrary or illegal or against the evidence – Since the strength of workers was below 100, it was not necessary for the factory owner to ensure compliance of Chapter VB – s.25-K had no application to respondent No.1 – Thus, it is just and proper to award in lump sum a compensation of Rs.2,50,000/- to each worker who did not accept the compensation, after making proper verification – Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 – s.28 – Sch. IV Items 9, 10.Constitution of India – Art. 136 – Appeal under – Question of fact – Held: Is to be decided by the Courts on appreciation of evidence adduced by the parties – Once the Courts record a finding on such question, be that of concurrence or reversal, the finding is usually held binding on this Court – Only when such finding is found to be against any provision of law or evidence or is perverse, it would not be held binding on the superior Court – Even if the question raised is one of the mixed question of fact and law, this Court would not readily interfere with the conclusion unless it is manifestly or obviously erroneous.Art. 227 – Supervisory jurisdiction – Exercise of – When – Held: While recording a finding, if it is noticed by the High Court that the subordinate Court has failed to take into consideration the material evidence or recorded a finding without there being any evidence, then the High Court would be entitled to interfere in such finding in exercise of its supervisory jurisdiction u/Art. 227.
Judge	Hon'ble Mr. Justice Abhay Manohar Sapre
Neutral Citation	2018 INSC 3
Petitioner	National Kamgar Union
Respondent	Kran Rader Pvt. Ltd. & Ors.
SCR	[2018] 1 S.C.R. 74
Judgement Date	2018-01-05
Case Number	20

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National Kamgar Union Vs. Kran Rader Pvt. Ltd. & Ors.

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National Kamgar Union Vs. Kran Rader Pvt. Ltd. & Ors.

National Kamgar Union Vs. Kran Rader Pvt. Ltd. & Ors.

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