Supreme Court of India · 1981-03-12
AHMEDABAD MANUFACTURING & CALICO PRINTING CO. LTD. vs WORKMEN & ANR.
- Citation / case number
- SC 1973/60427
- Court
- Supreme Court of India
- Petitioner
- AHMEDABAD MANUFACTURING & CALICO PRINTING CO. LTD.
- Respondent
- WORKMEN & ANR.
- Author
- R.B. MISRA
- Bench
- R.B. MISRA
Judgment text excerpt
The Supreme Court held that permission to withdraw a special leave petition under Article 136 cannot be equated with an order of dismissal, thus allowing a fresh writ petition under Article 226 on the same facts. The Court clarified that a non-speaking order of dismissal does not operate as res judicata, referencing Workmen of Cochin Port Trust v. Board of Trustees of Cochin Port Trust. The appeal was allowed, overturning the lower court's dismissal of the writ petition.