M/S. SW ADESAMLTRAN LIMITED, MADRAS versus THEIR WORKMEN

M/S. SW ADESAMLTRAN LIMITED, MADRAS versus THEIR WORKMEN

The appellant failed to provide valid or reasonable grounds for departing from the 'last come, first go' rule in selecting 15 of the 39 retrenched workmen. Without such justification, the departure from the rule amounts to unfair labour practice and those 15 workmen are entitled to reinstatement with half their back...

Source-derived case information.

Parties
Appellant: M/s. Swadesamitran Limited, Madras; Respondent: Their Workmen
Jurisdiction
India
Judgment Date
01 March 1960
Procedural Posture
Civil Appeal / Judgment on Appeal by Special Leave From the Labour Appellate Tribunal Decision Dated March 20, 1956
Outcome
Appeal dismissed
Legal Topics
Retrenchment, Industrial Rule—last Come First Go, Reinstatement, Unfair Labour Practice
Labour Law Industrial Disputes Retrenchment Industrial Rule—last Come First Go Reinstatement Unfair Labour Practice

Source-derived case record

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Parties

M/s. Swadesamitran Limited, Madras

Appellant

Their Workmen

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal by Special Leave From the Labour Appellate Tribunal Decision Dated March 20, 1956

Legal Issues

  1. 1 Whether the retrenchment of 39 workmen effected by the appellant in May 1951 was justified
  2. 2 Whether the principle of 'last come first go' in retrenchment was properly followed
  3. 3 If not, what relief the retrenched workmen were entitled to

Ratio Decidendi

The appellant failed to provide valid or reasonable grounds for departing from the 'last come, first go' rule in selecting 15 of the 39 retrenched workmen. Without such justification, the departure from the rule amounts to unfair labour practice and those 15 workmen are entitled to reinstatement with half their back wages.

Court Disposition

Appeal dismissed

Orders

  • Fifteen workmen to be reinstated with half their back wages
  • Remaining twenty-four retrenched workmen to be paid compensation of half a month's wages, including dearness allowance, for each year of service