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august 1971

Supreme Court of India · 1971-08-12

AMRIT BANASPATI CO. LTD. vs S. TAKI BILGRAMI & ORS.

Citation / case number
SC 1966/60519
Court
Supreme Court of India
Petitioner
AMRIT BANASPATI CO. LTD.
Respondent
S. TAKI BILGRAMI & ORS.
Bench
VAIDYIALINGAM, C.A.

Judgment text excerpt

The Supreme Court held that the termination of three clerks' services by the appellant company, following the closure of a third shift, did not constitute an illegal change under Section 46 of the Bombay Industrial Relations Act, 1946. The Court clarified that the action was a retrenchment of surplus employees rather than a reduction of posts, as there was no permanent reduction in the number of positions available in the shift. Consequently, the appeal was allowed, overturning the lower courts' decisions which had found the termination unlawful.

AMRIT BANASPATI CO. LTD. vs S. TAKI BILGRAMI & ORS. · Niyam