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february 1976

Supreme Court of India · 1976-02-13

WORKMEN OF M/S FIRESTONE TYRE & RUBBER CO.OF INDIA (P) LIMI vs FIRESTONE TYRE & RUBBER COMPANY

Citation / case number
SC 1969/60211
Court
Supreme Court of India
Petitioner
WORKMEN OF M/S FIRESTONE TYRE & RUBBER CO.OF INDIA (P) LIMI
Respondent
FIRESTONE TYRE & RUBBER COMPANY
Author
N.L. UNTWALIA
Bench
N.L. UNTWALIA

Judgment text excerpt

The Supreme Court interpreted the term 'lay-off' under Section 2(kkk) of the Industrial Disputes Act, 1947, clarifying that it refers to a temporary unemployment of a workman rather than a discharge. The Court held that the definition does not confer inherent power on employers to lay-off workers, as there is no explicit provision in the Act allowing such action. Consequently, the workmen were not entitled to lay-off compensation under Section 33C(2) of the Act, as the lay-off was deemed justified and no compensation was mandated.

WORKMEN OF M/S FIRESTONE TYRE & RUBBER CO.OF INDIA (P) LIMI vs FIRESTONE TYRE & RUBBER COMPANY · Niyam