Supreme Court of India · 2008-04-04
MGMT.,ESSORPE MILLS LTD. vs PRESIDING OFICER, LABOUR COURT .
- Citation / case number
- SC 2004/4266
- Court
- Supreme Court of India
- Petitioner
- MGMT.,ESSORPE MILLS LTD.
- Respondent
- PRESIDING OFICER, LABOUR COURT .
- Author
- ARIJIT PASAYAT
- Bench
- P. SATHASIVAM DR. ARIJIT PASAYAT
Judgment text excerpt
The Supreme Court upheld the dismissal of the workmen for illegal strike under Section 22(1) of the Industrial Disputes Act, 1947, emphasizing that the absence of a valid strike notice precludes the commencement of conciliation proceedings under Section 20(1). The Court found that the High Court's reliance on Section 33(2)(b) was misplaced, as the dismissal occurred without the necessary approval from the Conciliation Officer. Consequently, the Court dismissed the appeal, affirming the High Court's decision to reinstate the workmen with back wages and continuity of service.