THE ANDHRA PRABHA LTD. & ORS. vs SECRETARY, MADRAS UNION OF JOURNALISTS & ORS.

The Supreme Court held that the closure of Express Newspapers (P) Ltd. on April 29, 1959, constituted a genuine closure under the Industrial Disputes Act, despite the ongoing strike by workers. The Court found that the transfer of publishing rights to Andhra Prabha (P) Ltd. was legitimate and not mala fide, affirming that the strike merely precipitated an inevitable closure. The Tribunal's ruling that the closure was a lock-out initially but became a genuine closure later was upheld, establishing that the new company was an independent legal entity and not merely a continuation of the old company.