Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Industrial Disputes Act Imposition of fine |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Act(s) Referred | Industrial Disputes Act, 1947 (14 of 1947) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | .Industrial Disputes Act, 1947 – ss. 2(k), s.2-A – Imposition of fine on the respondents-workmen by the appellant-management – Assailed by respondents by filing suit in 2005 inter alia for permanent injunction – Appellant filed application u/Or. VII, r.11, CPC for rejection of the plaint and relegation of the respondents to the remedy under the 1947 Act – Dismissed – Revision petition dismissed by the High Court – On appeal, held: 1947 Act is an alternative dispute resolution mechanism for the benefit of the workmen to provide speedy, inexpensive, informal and unencumbered by the plethora of procedural laws – Object is thus, to protect the workmen – In the present case, the principles as set out in para 9 of the judgment in the Premier Automobiles Ltd. case would govern – Present case involves recovery of certain fine amount which cannot be said to be covered by s.2-A of the 1947 Act – Workmen in their wisdom (or possibly, lack of it) approached the civil court and have been left high and dry for the last fifteen years without any adjudication on merits of their claims – Suit has not even been proceeded with on the basis that matter is pending before Supreme Court – No ground made out to interfere with the impugned order – Civil Judge to forthwith proceed to try the suit and endeavour to complete the trial and pronounce the judgment, if not already pronounced, in the maximum period of six months from the date of receipt of the order – Code of Civil Procedure, 1908 – Or. VII, r.11. |
Judge | N/A |
Neutral Citation | 2020 INSC 47 |
Petitioner | Rajasthan State Road Transport Corp. Managing Director & Anr. |
Respondent | Ramesh Kumar Sharma |
SCR | [2020] 1 S.C.R. 113 |
Judgement Date | 2020-01-16 |
Case Number | 7472 |
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