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september 1978

Supreme Court of India · 1978-09-07

HINDUSTAN TIN WORKS PVT. LTD. vs EMPkoYEES OF HINDUSTAN TIN WORKS PVT. LTD.

Citation / case number
SC 1978/90243
Court
Supreme Court of India
Petitioner
HINDUSTAN TIN WORKS PVT. LTD.
Respondent
EMPkoYEES OF HINDUSTAN TIN WORKS PVT. LTD.
Author
D.A. DESAI
Bench
D.A. DESAI

Judgment text excerpt

The Supreme Court upheld the Labour Court's decision that the retrenchment of 43 workmen was unjustified under the Uttar Pradesh Industrial Disputes Act, 1947, and ordered their reinstatement with back wages. The Court clarified that Article 136 of the Constitution provides discretionary power to grant special leave to appeal, emphasizing that it does not serve as a regular appellate court. The Court found that the employer's reasons for retrenchment were motivated by management annoyance rather than genuine economic necessity, thus validating the Labour Court's findings.

HINDUSTAN TIN WORKS PVT. LTD. vs EMPkoYEES OF HINDUSTAN TIN WORKS PVT. LTD. · Niyam