| Content Provider | Supreme Court of India |
|---|---|
| e-ISSN | 30484839 |
| Language | English |
| Access Restriction | NDLI |
| Subject Keyword | State Financial Corporation |
| Content Type | Text |
| Resource Type | Law Order |
| Jurisdiction | India |
| Act(s) Referred | Payment of Gratuity Act, 1972 (39 of 1972) State Financial Corporations Act, 1951 (63 of 1951) |
| Case(s) Referred | Referred Case 0 Referred Case 1 |
| Case Type | Special Leave Petition |
| Court | Supreme Court of India |
| Disposal Nature | Petition Dismissed |
| Headnote | STATE FINANCIAL CORPORATIONS ACT, 1951, s. 46-B -Industrial concern closed down - Recovery of dues of workmen as also of State Financial Corporation - Held: Workmen had their rights adjudicated in the year 2005, and court had held that they were entitled to their dues u/s. 33- C of the Industrial Disputes Act as well as under Payment of Gratuity Act -- Labour Commissioner did not proceed with the proceedings for realizing claims of workmen which he was expected to realise from sale proceeds of assets of company -- Merely because appellant Financial Corporation subsequently sold the properties, that by itself cannot destroy rights of workmen as held by competent courts - Under s.46- B, provisions of 1951 Act shall be applicable in addition to, and not in derogation of any other law for the time being applicable to an industrial concern -- High Court compared claim of petitioner with claims of workmen where a company goes into liquidation and held that dues of workmen shall have preference -- Comparison has to be seen with proper perspective and that has to be seen on the backdrop of s. 46- B There is no error in the order of High Court - Industrial Disputes Act, 1947 - ss. 33-C- Payment of Gratuity Act, 1972. |
| Judge | N/A |
| Neutral Citation | 2013 INSC 211 |
| Petitioner | General Manager, Karnataka State Financial Corporation |
| Respondent | General Secretary, Mysore Division Industrial Workers General Union And Ors. |
| SCR | [2013] 2 S.C.R. 744 |
| Judgement Date | 2013-04-03 |
| Case Number | 8684 |
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