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january 1978

Supreme Court of India · 1978-01-13

GHAZIABAD ENGINEERING CO. (P) LTD. vs CERTIFYING OFFICER, KANPUR AND ANR.

Citation / case number
SC 1970/60112
Court
Supreme Court of India
Petitioner
GHAZIABAD ENGINEERING CO. (P) LTD.
Respondent
CERTIFYING OFFICER, KANPUR AND ANR.
Author
V.R. KRISHNAIYER
Bench
V.R. KRISHNAIYER

Judgment text excerpt

The Supreme Court held that under Article 136, it cannot entertain appeals based on pure questions of fact. The Court affirmed that casual leave is not an automatic entitlement and is only granted in emergencies, emphasizing that the minimum leave prescribed under Section 79(1) of the Factories Act, 1948 does not equate to a maximum. The Court found no gross unfairness in the certifying officer's decision to reduce the casual leave from twelve to six days, which was deemed fair considering industry practices and the financial position of the employer.

GHAZIABAD ENGINEERING CO. (P) LTD. vs CERTIFYING OFFICER, KANPUR AND ANR. · Niyam