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PETITIONER: BANARAS ICE FACTORY LIMITED
Vs.
RESPONDENT: ITS WORKMEN
DATE OF JUDGMENT: 28/11/1956
BENCH: DAS, S.K. BENCH: DAS, S.K. DAS, SUDHI RANJAN (CJ) BHAGWATI, NATWARLAL H. AIYYAR, T.L. VENKATARAMA SINHA, BHUVNESHWAR P.
CITATION: 1957 AIR 168 1957 SCR 143
ACT: Industrial Dispute-Appeal Pending before Labour Appellate Tribunal-Closure of factory-Termination of services of Workmen without permission of the Tribunal-Legality "Discharge",meaning of-Industrial Disputes (Appellate Tribunal) Act, 1950 (XLVIII of 1950), ss. 22, 23.
HEADNOTE: Clause (b) Of S. 22 of the Industrial Disputes (Appellate Tribunal) Act, 1950 provides that during the pendency of any appeal under the Act no employer shall discharge any workmen concerned in such appeal, save with the express permission in writing of the Appellate Tribunal, and S. 23 enables any employee to make a complaint in writing to such Appellate Tribunal, if the employer contravenes the provisions Of S. 22 during the pendency of proceedings before the said Tribunal. 144 During the pendency of an appeal filed before the Labour, Appellate Tribunal the appellant company finding it difficult to run the factory decided to close it down and gave notice to all the workmen that their services would be terminated upon the expiry of thirty days from July 16, 1952. On August 31, 1952, a complaint...