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PETITIONER: MIS. SWADESAMLTRAN LIMITED, MADRAS
Vs.
RESPONDENT: THEIR WORKMEN
DATE OF JUDGMENT: 31/03/1960
BENCH: GAJENDRAGADKAR, P.B. BENCH: GAJENDRAGADKAR, P.B. SUBBARAO, K. GUPTA, K.C. DAS
CITATION: 1960 AIR 762 1960 SCR (3) 144 CITATOR INFO : RF 1966 SC1657 (3) R 1971 SC2171 (5,7) RF 1981 SC 422 (4)
ACT: Industrial Dispute-Rule of retrenchment-" Last come first go "-If can be departed from by employer-Protracted litigation and employment of other hands-If a ground for defeating claim for reinstatement.
HEADNOTE: The management by a notice terminated the services Of 39 workmen as a measure of retrenchment. The workmen went on strike which led to an industrial dispute. The Industrial Tribunal interalia held that the strike was not justified and that the management had made out of a case of necessity for retrenchment and no malafides had been established; but the principle of last come first go had not been observed in selecting the personnel for retrenchment and ordered the reinstatement Of 15 out of the 39 workmen retrenched. The -Appellate Tribunal confirmed the findings of the Industrial Tribunal with certain modifications by way of compensation. The management came up in appeal by special leave. Held, that where a case of retrenchment is made out the employer has normally to follow the ind...