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PETITIONER: BUCKINGHAM AND CARNATIC CO. LTD.
Vs.
RESPONDENT: WORKERS OF THE BUCKINGHAM ANDCARNATIC CO. LTD.
DATE OF JUDGMENT: 02/12/1952
BENCH: MAHAJAN, MEHR CHAND BENCH: MAHAJAN, MEHR CHAND DAS, SUDHI RANJAN BHAGWATI, NATWARLAL H.
CITATION: 1953 AIR 47 1953 SCR 219 CITATOR INFO : F 1957 SC 82 (12) D 1961 SC1567 (4) RF 1981 SC 340 (14)
ACT: Indian Factories Act (XXV of 1934), s. 49-B-Industrial Disputes Act (XIV of 1947), s. 2 (q)-Employees stopping work for a few hours by concerted action-Whether "strike"- Continuity of service, whether interrupted-Loss of right to holidays with pay.
HEADNOTE: Where the night-shift operatives of a department of a textile mills stopped work from about 4 p.m. up to about 8 p.m. on a certain day, the apparent cause of the strike being that the management of the mills had expressed its inability to comply with the request of the workers to declare the forenoon of that day as a holiday for solar eclipse, and it was found that the stoppage of work was the result of concerted action: Held (i) that the stoppage of work fell within the definition of a "strike" in s. 2 (q) of the Industrial Disputes Act, 1947; (ii) that the strike was an illegal strike as the textile mills was a public utility industry and no notice had been given to the management, even thou...