M.C. MEHTA versus UNION OF INDIA AND ORS.

M.C. MEHTA versus UNION OF INDIA AND ORS.

The workmen are entitled to continuity of employment and full wages from closure in Delhi to restart at Baddi; employer cannot compel workmen to exercise option to rejoin before restart; only those who actively opt not to rejoin or fail to report at Baddi by specified date are deemed retrenched with effect from 30.11.1996.

Parties
Petitioner: M.C. Mehta; Respondents: Union of India and Ors.
Jurisdiction
India
Judgment Date
18 December 1998
Procedural Posture
Writ Petition (civil) / Final Order on Ias Under Article 32
Outcome
Applications of workmen allowed; industry ordered to comply.
Legal Topics
Industrial Relocation, Retrenchment, Continuity of Service, Environmental Pollution, Review of Supreme Court Orders
Constitutional Law Labour Law Environmental Law Industrial Relocation Retrenchment Continuity of Service Environmental Pollution Review of Supreme Court Orders

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Parties

M.C. Mehta

Petitioner

Union of India and Ors.

Respondents

Procedural Posture

Writ Petition (civil) / Final Order on Ias Under Article 32

Legal Issues

  1. 1 Whether management could demand options from workmen to rejoin before restart at new location
  2. 2 Whether failure to exercise such option amounts to retrenchment as per Supreme Court orders

Ratio Decidendi

The workmen are entitled to continuity of employment and full wages from closure in Delhi to restart at Baddi; employer cannot compel workmen to exercise option to rejoin before restart; only those who actively opt not to rejoin or fail to report at Baddi by specified date are deemed retrenched with effect from 30.11.1996.

Court Disposition

Applications of workmen allowed; industry ordered to comply.

Orders

  • Industry must allow all workmen except those who opt not to rejoin to report at Baddi by 14-15 Jan 1999 under Labour Commissioners' supervision.
  • Workmen who rejoin to receive continuity, back wages, one year's shifting bonus within one week.