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april 2008

Supreme Court of India · 2008-04-04

Management, Essorpe Mills Ltd vs Presiding Officer, Labour Court And Ors

Citation / case number
AIR 2008 SUPREME COURT 2504
Court
Supreme Court of India
Petitioner
Management, Essorpe Mills Ltd
Respondent
Presiding Officer, Labour Court And Ors
Author
Arijit Pasayat
Bench
Arijit Pasayat, P. Sathasivam

Judgment text excerpt

The Supreme Court held that the dismissal of the respondents was illegal as it violated Section 33(2)(b) of the Industrial Disputes Act, 1947, which requires prior approval from the Conciliation Officer before dismissing workmen during conciliation proceedings. The Court emphasized that the strike notice served under Section 22(1) was not valid due to non-compliance with the statutory notice period, thus rendering the dismissal unlawful. The Court upheld the High Court's order for reinstatement with back wages and continuity of service for the dismissed workers.

Management, Essorpe Mills Ltd vs Presiding Officer, Labour Court And Ors · Niyam