GENERAL LABOUR UNION (RED FLAG) BOMBAY versus B. V. CHAVAN AND ORS.

GENERAL LABOUR UNION (RED FLAG) BOMBAY versus B. V. CHAVAN AND ORS.

When it is claimed that the employer is not guilty of imposing a lock-out but has closed the industrial activity, the Industrial Court must, taking into account all relevant circumstances at the time of closure, decide and determine whether the closure was bona fide or a device or pretence to terminate the services...

Source-derived case information.

Parties
Appellant: General Labour Union (Red Flag) Bombay; Respondent: B. V. Chavan and Ors.
Jurisdiction
India
Judgment Date
16 November 1984
Procedural Posture
Civil Appeal / Appeal From High Court Decision, Disposed by Supreme Court
Outcome
Appeals disposed in terms of undertaking by Dr. P.D. Meghani recorded in judgment.
Legal Topics
Lock Out, Closure, Unfair Labour Practice, Industrial Disputes, Re Employment
Labour Law Lock Out Closure Unfair Labour Practice Industrial Disputes Re Employment

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Parties

General Labour Union (Red Flag) Bombay

Appellant

B. V. Chavan and Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Decision, Disposed by Supreme Court

Legal Issues

  1. 1 Whether the employers were guilty of imposing and continuing a lock-out and thus committed unfair labour practice
  2. 2 Whether the employers had finally and irrevocably closed the industrial undertaking and were not guilty of unfair labour practice

Ratio Decidendi

When it is claimed that the employer is not guilty of imposing a lock-out but has closed the industrial activity, the Industrial Court must, taking into account all relevant circumstances at the time of closure, decide and determine whether the closure was bona fide or a device or pretence to terminate the services of the workmen.

Court Disposition

Appeals disposed in terms of undertaking by Dr. P.D. Meghani recorded in judgment.

Orders

  • All old workmen who were in service at the time of closure (up to April 8, 1980) will be re-inducted in service as resumption of work gradually expands.
  • No new hand will be recruited until all old workmen willing to be re-inducted are taken back.