Niyam v2 is live — start for just ₹100 — 200 credits to try

october 1977

Supreme Court of India · 1977-10-03

DELHI CLOTH & GENERAL MILLS LTD. vs SHAMBHU NATH MUKHERJEE & ORS.

Citation / case number
SC 1980/63225
Court
Supreme Court of India
Petitioner
DELHI CLOTH & GENERAL MILLS LTD.
Respondent
SHAMBHU NATH MUKHERJEE & ORS.
Author
P.K. GOSWAMI
Bench
P.K. GOSWAMI

Judgment text excerpt

The Supreme Court held that striking off a workman's name from the rolls constitutes termination of service and is classified as retrenchment under Section 2(00) of the Industrial Disputes Act, 1947. The Court emphasized that such termination must comply with the mandatory provisions of Section 25F(a) and (b), and failure to do so renders the termination invalid. Additionally, the Court affirmed that questioning the vires of Section 2-A does not exempt the requirement of stating supporting facts in a writ application, and upheld that Section 10 of the Act does not violate Article 14 of the Constitution of India.

DELHI CLOTH & GENERAL MILLS LTD. vs SHAMBHU NATH MUKHERJEE & ORS. · Niyam