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october 1956

Supreme Court of India · 1956-10-11

ROHTAS INDUSTRIES LTD. vs BRIJNANDAN PANDEY.

Citation / case number
SC 1955/115
Court
Supreme Court of India
Petitioner
ROHTAS INDUSTRIES LTD.
Respondent
BRIJNANDAN PANDEY.
Bench
DAS, S.K.

Judgment text excerpt

The Supreme Court clarified that under Section 22 of the Industrial Disputes (Appellate Tribunal) Act, 1950, the Labour Appellate Tribunal must determine if there is a prima facie case for discharging a workman and whether the employer has engaged in unfair practices. The Court emphasized that while an Industrial Tribunal can modify contracts for industrial peace, it must adhere to established principles and cannot disregard existing agreements. The Court set aside the Tribunal's order as it failed to address the core issue regarding the status of the employees and the justification for their discharge.

ROHTAS INDUSTRIES LTD. vs BRIJNANDAN PANDEY. · Niyam