LOKMATNEWSPAPERS PVT. LTD. versus SHANKAR PRASAD

LOKMATNEWSPAPERS PVT. LTD. versus SHANKAR PRASAD

Discharge of workman during the pendency of conciliation proceedings without permission violated Section 33(1) of Industrial Disputes Act, 1947; introduction of photo-type composing machines without prior notice amounted to unlawful alteration of conditions of service, violating Section 9-A; discharge order was issued with undue haste, constituting unfair labour practice under item 1(f) second part of Schedule IV of Maharashtra Act; Letters Patent Appeal was maintainable; High Court Division Bench's modifications to back-wages were justified.

Parties
Appellant: Lokmat Newspapers Pvt. Ltd.; Respondent: Shankar Prasad
Jurisdiction
India
Judgment Date
19 July 1999
Procedural Posture
Civil Appeal / Appeal Before Supreme Court From High Court's Division Bench Judgment
Outcome
Appeal dismissed with modifications to High Court's order
Legal Topics
Termination During Conciliation Proceedings, Prior Notice for Change in Conditions of Service, Unfair Labour Practice, Maintainability of Letters Patent Appeal, Rationalisation of Plant or Technique
Labour Law Constitutional Law Termination During Conciliation Proceedings Prior Notice for Change in Conditions of Service Unfair Labour Practice Maintainability of Letters Patent Appeal Rationalisation of Plant or Technique

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Parties

Lokmat Newspapers Pvt. Ltd.

Appellant

Shankar Prasad

Respondent

Procedural Posture

Civil Appeal / Appeal Before Supreme Court From High Court's Division Bench Judgment

Legal Issues

  1. 1 Whether the Letters Patent Appeal was maintainable.
  2. 2 Whether discharge of workman during conciliation proceedings violated Section 33(1) of Industrial Disputes Act, 1947.
  3. 3 Whether installation of new machines and discharge of workmen violated Section 9-A of Industrial Disputes Act, 1947.

Ratio Decidendi

Discharge of workman during the pendency of conciliation proceedings without permission violated Section 33(1) of Industrial Disputes Act, 1947; introduction of photo-type composing machines without prior notice amounted to unlawful alteration of conditions of service, violating Section 9-A; discharge order was issued with undue haste, constituting unfair labour practice under item 1(f) second part of Schedule IV of Maharashtra Act; Letters Patent Appeal was maintainable; High Court Division Bench's modifications to back-wages were justified.

Court Disposition

Appeal dismissed with modifications to High Court's order

Orders

  • Appellant guilty of unfair labour practice only under item 1(f) second part of Schedule IV of Maharashtra Act.
  • Appellant to pay respondent 1/3rd of back-wages with all other consequential benefits from 22 June 1982 till date of superannuation (3 May 1995).