EXPRESS NEWSPAPERS (P) LTD. versus MICHAEL MARK AND ANOTHER

Removal from muster roll amounted to termination of employment by the employer without notice, entitling the employees to compensation under Standing Order 25(1). Absence due to strike cannot be treated as abandonment.

Parties: Appellant: Express Newspapers (P) Ltd.; Respondent: Michael Mark; Respondent: First 97 respondents in C.A. No. 295 of 1961
Jurisdiction: India
Judgment Date: 25 July 1962
Procedural Posture: Civil Appeals / Appeal From Bombay High Court Judgment and Orders Dated September 4 and 5, 1958, and October 6, 1958
Outcome: Appeals dismissed
Legal Topics: Strike, Termination of Employment, Standing Orders, Payment of Wages

Labour Law Strike Termination of Employment Standing Orders Payment of Wages

Case Brief

Summary, issues, holding and outcome

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Full judgment text Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 3

Parties

Express Newspapers (P) Ltd.

Appellant

Michael Mark

Respondent

First 97 respondents in C.A. No. 295 of 1961

Respondent

Procedural Posture

Civil Appeals / Appeal From Bombay High Court Judgment and Orders Dated September 4 and 5, 1958, and October 6, 1958

Legal Issues

1 Whether absence from work on account of strike amounts to abandonment of employment
2 Whether termination without notice is permissible under Standing Order 25(1)
3 Entitlement to statutory compensation under Standing Orders when employment is terminated without notice

Ratio Decidendi

Court Disposition

Appeals dismissed

Orders

Respondents entitled to relief under Standing Order 25(1) for termination without notice
Costs awarded; one hearing fee