WORKMEN REP.BY AKHIL BHARTIYA K.K.UNION vs EMP.IN REL.TO MGMT.OF I.C.OF B.C.C.L&ORS

The Supreme Court ruled that under Section 25-H of the Industrial Disputes Act, 1947, retrenched workmen are entitled to preference for re-employment if the employer hires new workers. The Court held that Bharat Coking Coal Limited, as the successor of the nationalized colliery, has a statutory obligation to consider the employment of the retrenched workers, despite their retrenchment predating the nationalization. The Court upheld the Tribunal's direction for the consideration of the 111 workmen for employment when recruitment occurs, emphasizing the continuity of employment rights under the Act.