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march 1960

Supreme Court of India · 1960-03-31

MIS. SWADESAMLTRAN LIMITED, MADRAS vs THEIR WORKMEN

Citation / case number
SC 1958/56
Court
Supreme Court of India
Petitioner
MIS. SWADESAMLTRAN LIMITED, MADRAS
Respondent
THEIR WORKMEN
Bench
GAJENDRAGADKAR, P.B.

Judgment text excerpt

The Supreme Court held that in cases of retrenchment, the employer must generally adhere to the 'last come first go' principle unless valid reasons are provided. The Court found that the management failed to justify its departure from this principle, leading to the conclusion that the retrenchment of 15 workmen was improper. The Court affirmed that retrenched workmen are entitled to reinstatement, and the employment of other workers or protracted litigation does not negate this right. The appeal by the management was dismissed, upholding the Tribunal's order for reinstatement.

MIS. SWADESAMLTRAN LIMITED, MADRAS vs THEIR WORKMEN · Niyam