MANAGEMENT, ESSORPE MILLS LTD. versus PRESIDING OFFICER, LABOUR COURT AND ORS.

MANAGEMENT, ESSORPE MILLS LTD. versus PRESIDING OFFICER, LABOUR COURT AND ORS.

The strike notice dated 14.3.1991 did not satisfy s.22(1) as only ten days' notice was given, not six weeks. Therefore, there was no valid commencement of conciliation proceedings, and s.33 did not apply. The dismissal of the workmen was not illegal for want of approval from the Conciliation Officer.

Parties
Appellant: Management, Essorpe Mills Ltd.; Respondents: Presiding Officer, Labour Court and Ors.
Jurisdiction
India
Judgment Date
04 April 2008
Procedural Posture
Civil Appeal / Supreme Court Appeal From Judgment of the High Court of Judicature at Madras
Outcome
Appeal allowed
Legal Topics
Industrial Disputes, Strike Notice Validity, Conciliation Proceedings, Dismissal of Workmen
Labour Law Industrial Disputes Strike Notice Validity Conciliation Proceedings Dismissal of Workmen

Case Brief

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Parties

Management, Essorpe Mills Ltd.

Appellant

Presiding Officer, Labour Court and Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal From Judgment of the High Court of Judicature at Madras

Legal Issues

  1. 1 Whether the strike notice dated 14th March, 1991, stating that the strike would commence on or after 24th March, 1991, fulfilled the statutory requirements under s.22(1) of the Industrial Disputes Act, 1947.
  2. 2 Whether the dismissal of workmen was illegal for want of approval from the Conciliation Officer under s.33 of the Act due to alleged pendency of conciliation proceedings.

Ratio Decidendi

The strike notice dated 14.3.1991 did not satisfy s.22(1) as only ten days' notice was given, not six weeks. Therefore, there was no valid commencement of conciliation proceedings, and s.33 did not apply. The dismissal of the workmen was not illegal for want of approval from the Conciliation Officer.

Court Disposition

Appeal allowed

Orders

  • Judgment of the learned Single Judge and Division Bench of the High Court set aside.
  • Workmen may comply with terms indicated in Supreme Court order dated 20.3.2006 for settlement.