THE J. K. COTTON SPINNING & WEAVING MILLS CO., LTD. vs THE STATE OF UTTAR PRADESH & ORS.

The Supreme Court held that under Sections 3 and 8 of the U.P. Industrial Disputes Act, 1947, an employer cannot dismiss workmen during the pendency of an inquiry without prior permission as mandated by Clause 23 of the Government Order dated March 10, 1948. The Court ruled that the application made under Clause 5(a) for adjudication was not maintainable since it contravened the special provision of Clause 23. The judgment affirmed that Clause 23 prevails over the general provisions of Clause 5(a) when an inquiry is pending, thereby upholding the principle of harmony in statutory interpretation.