Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | INDUSTRIAL DISPUTES ACT 1947 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | s. 25F - Retrenchment notice - Conditions precedent for retrenchment- One month's notice and one month's salary - Held: In the instant case, neither one month's notice served nor one month's salary in lieu of retrenchment given to the D retrenched workmen - Thus, there was non-compliance of s.25F - Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 - Schedule IV Item No. 9- Industrial Disputes (Bombay) Rules, 1957 - E r. 81. s.25FFA- Notice on the State Government- Held: In the instant case, 60 days notice to the State government regarding the closure of unit stating its reason for the same F not given - Thus mandatory provision uls.25FFA not complied with. s.25G - Retrenchment- Challenged on the ground that no list of seniority was put on notice board as required u/ G r. 81; that there was breach of s. 25G as principle of 'last come first go' was not followed- Held: There were no valid reasons to justify the action of the Company in not following the principle of 'last come first go' as mandated u/s. 25G rlw r. 81 of the Bombay Rules to retrench the concerned workmen who were senior to the workmen who were retained in the department - Further, non display of category wise seniority list was also against the law- There was clear breach of s. 25G r!w r. 81 of Bombay Rules. |
Judge | Hon'ble Mr. Justice V. Gopala Gowda |
Neutral Citation | 2015 INSC 154 |
Petitioner | Mackinon Mackenzie & Company Ltd |
Respondent | Mackinnon Employees Union |
SCR | [2015] 4 S.C.R. 45 |
Judgement Date | 2015-02-25 |
Case Number | 5319 |
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