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november 1956

Supreme Court of India · 1956-11-28

BANARAS ICE FACTORY LIMITED vs ITS WORKMEN

Citation / case number
SC 1955/110
Court
Supreme Court of India
Petitioner
BANARAS ICE FACTORY LIMITED
Respondent
ITS WORKMEN
Bench
DAS, SUDHI RANJAN (CJ),BHAGWATI, NATWARLAL H.,AIYYAR, T.L. VENKATARAMA,SINHA, BHUVNESHWAR P.,DAS, S.K.

Judgment text excerpt

The Supreme Court held that Section 22(b) of the Industrial Disputes (Appellate Tribunal) Act, 1950 prohibits the discharge of workmen during the pendency of an appeal without the Tribunal's permission. However, the Court clarified that the termination of services due to a bona fide closure of business does not constitute 'discharge' under this section. The Court upheld the closure of the Banaras Ice Factory as legitimate and found that the provisions of Section 22 were not applicable in this case, thereby dismissing the complaint made by the workmen.

BANARAS ICE FACTORY LIMITED vs ITS WORKMEN · Niyam