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march 1962

Supreme Court of India · 1962-03-05

THE MANAGEMENT OF INDIAN CABLE CO., LTD.,CALCUTTA vs ITS WORKMEN

Citation / case number
SC 1961/93
Court
Supreme Court of India
Petitioner
THE MANAGEMENT OF INDIAN CABLE CO., LTD.,CALCUTTA
Respondent
ITS WORKMEN
Bench
B.P. SINHA, CJ,K. SUBBA RAO,N. RAJAGOPALA AYYANGAR,J.R. MUDHOLKAR,T.L. VENKATARAMA AYYAR

Judgment text excerpt

The Supreme Court held that under Section 25G of the Industrial Disputes Act, 1947, retrenchment must follow the principle of last in, first out, and that the closure of a branch does not absolve the employer from adhering to this principle. The Court ruled that the Punjab Government had the jurisdiction to refer the dispute for adjudication, as the workmen's claims constituted an industrial dispute under Section 2(k) of the Act. The Tribunal's order to reinstate the workmen was upheld, affirming their right to employment in light of the company's operational structure.

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