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august 1968

Supreme Court of India · 1968-08-05

G.E.C. (P) LTD. NAINI, ALLAHABAD vs THE LABOUR COURT, ALLAHABAD

Citation / case number
SC 1966/60447
Court
Supreme Court of India
Petitioner
G.E.C. (P) LTD. NAINI, ALLAHABAD
Respondent
THE LABOUR COURT, ALLAHABAD
Bench
VAIDYIALINGAM, C.A.

Judgment text excerpt

The Supreme Court upheld the Labour Court's decision to set aside the dismissal of six workmen who participated in an illegal strike, as the warning given for a prior strike was deemed not bona fide and against the terms of a settlement. The Court confirmed that the second strike was illegal under Section 6-S(4) of the U.P. Industrial Disputes Act, 1947, but emphasized that the management could not consider the earlier warning in imposing punishment. Consequently, the dismissal was found to be vindictive and unjustified, leading to the reinstatement of the workmen.

G.E.C. (P) LTD. NAINI, ALLAHABAD vs THE LABOUR COURT, ALLAHABAD · Niyam