Skip to content


The Workmen of New Allenberry Works Vs. Deepak Industries Ltd. and ors. - Court Judgment

LegalCrystal Citation
SubjectLabour and Industrial
CourtSupreme Court of India
Decided On
Case NumberCivil Appeal No. 1369 of 1975
Judge
Reported inAIR1977SC2085; [1977(35)FLR340]; 1977LabIC1551; (1977)4SCC604B
AppellantThe Workmen of New Allenberry Works
RespondentDeepak Industries Ltd. and ors.
Excerpt:
.....a. 9 of the act and on this application the high court directed that the lessors do sell to the company the site in dispute under s. 9 of the madras city tenants protection act, 1922. against payment of the full market value of the land on the date of the order. the order was confirmed in an appeal under the letters patent held: per gajendragadkar, c.j., shah and sikri, jj. section 12 has been enacted to protect the tenants against any contractual engagements which may have been made expressly or by implication to deprive themselves wholly or partially of the protection intended to be conferred by the statute. and the only class of cases in which the protection becomes ineffective is where the tenant has made a stipulation in writing registered as to the erection of buildings, erected..........2(k) of the industrial disputes act, 1947, as the union which espoused the cause of the 174 dismissed employees of the company, had no valid or legal authority to represent the dismissed employees. 2. we have heard counsel at some length, but when we have assembled this morning, we are glad to find the parties have compromised their difference finally. in that view of the matter, we express no opinion on the correctness or otherwise of the decision of the division bench. the parties have settled the dispute on the following terms:the parties agree that the workmen other than those who have settled their accounts fully and finally against signed receipts, will be paid retrenchment compensation as on 9-11-67, in accordance with section 25-f of the industrial disputes act. 1947,.....
Judgment:

P.K. Goswami, J.

1. This appeal by special leave is directed against by judgment of the Calcutta High Court in an industrial matter. The Division Bench, differing from the learned single Judge, held that there was no industrial dispute within the meaning of Section 2(k) of the Industrial Disputes Act, 1947, as the Union which espoused the cause of the 174 dismissed employees of the company, had no valid or legal authority to represent the dismissed employees.

2. We have heard counsel at some length, but when we have assembled this morning, we are glad to find the parties have compromised their difference finally. In that view of the matter, we express no opinion on the correctness or otherwise of the decision of the Division Bench. The parties have settled the dispute on the following terms:

The parties agree that the workmen other than those who have settled their accounts fully and finally against signed receipts, will be paid retrenchment compensation as on 9-11-67, in accordance with Section 25-F of the Industrial Disputes Act. 1947, subject to a minimum of Rs. 1,000/- each.

This will be paid to individual workman against their receipts within six weeks from today or as soon thereafter as the workmen present themselves for payment.

There will be no order as to reinstatement.

3. The respondent company also agrees to pay Rs. 1,000/- as costs of the appellant. The appeal is disposed of in terms of the above compromise.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //