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.