M/S. S.V. TANK & VESSEL PVT. LTD. versus ENGINEERING WORKERS ASSOCIATION

M/S. S.V. TANK & VESSEL PVT. LTD. versus ENGINEERING WORKERS ASSOCIATION

Interest of justice is best served by requiring the employer to pay each concerned employee an amount equivalent to two years' wages based on the last wages drawn, within eight weeks, without prejudice to claims in the pending writ petition. The High Court is requested to dispose of the writ petition expeditiously.

Parties
Appellant: MIS. S.V. TANK & VESSEL PVT. LTD.; Respondent: ENGINEERING WORKERS ASSOCIATION
Jurisdiction
India
Judgment Date
18 April 2005
Procedural Posture
Civil Appeal / Disposal of Appeals From Division Bench Judgment of Bombay High Court
Outcome
Appeals disposed of
Legal Topics
Retrenchment, Jurisdiction of Industrial Court, Interim Orders, Payment of Wages
Labour Law Retrenchment Jurisdiction of Industrial Court Interim Orders Payment of Wages

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Parties

MIS. S.V. TANK & VESSEL PVT. LTD.

Appellant

ENGINEERING WORKERS ASSOCIATION

Respondent

Procedural Posture

Civil Appeal / Disposal of Appeals From Division Bench Judgment of Bombay High Court

Legal Issues

  1. 1 Whether the Industrial Court had jurisdiction under The Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 to adjudicate the retrenchment and payment of wages dispute.
  2. 2 Whether the Division Bench of the High Court was justified in directing the employer to furnish a bank guarantee for payment of workers’ dues.
  3. 3 Justifiability of the retrenchment order.

Ratio Decidendi

Interest of justice is best served by requiring the employer to pay each concerned employee an amount equivalent to two years' wages based on the last wages drawn, within eight weeks, without prejudice to claims in the pending writ petition. The High Court is requested to dispose of the writ petition expeditiously.

Court Disposition

Appeals disposed of

Orders

  • Appellant to pay each concerned employee an amount equivalent to two years' wages based on last wages drawn within eight weeks, without prejudice to claims in writ petition.
  • High Court requested to explore possibility of early disposal of the writ petition.