Niyam v2 is live — start for just ₹100 — 200 credits to try

april 2008

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.

MGMT.,ESSORPE MILLS LTD. vs PRESIDING OFICER, LABOUR COURT . · Niyam