Petitioner: State 0f Bombay
Defendant: The Hospital Mazdoor Sabha
29 January, 1960
1960 AIR 610, 1960 SCR (2) 866
Statutes Referred:
Industrial Dispute Act, 1947
Industrial Trade Unions Act XIV 1926
Cases Referred:
D.N Banerji v. P.R Mukherjee, 1953 SCR 302
Baroda Borough Municipality v. It’s Workmen, (1957) SCR 33
Brij Mohan Bagaria v. Chatterjee (N.C.) (1958) L.L.J 190
Facts of the Cases
- The appeal was raised by the State of Bombay and two ors. Against the writ petition filed against the Hospital Mazdoor Sabha, a trade union was registered under act of Industrial Trade Union.
- So in this case, the two servants who were discharged from the civil supplies department from their employment position that too without any prior notice as the contention was put forward by the petitioners as this is the case of retrenchment as compiled with the section 2(oo) of the Industrial Disputes Act.
Issues Raised
- Whether the dispersal of the employees admissible?
- Whether the retrenchment will fall under the act?
Parties Contention
Petitioner
- The petitioner has stated that the dispersal of the employment will be considered as illegal and invalid according to the Industrial Dispute Act .
Defendant
- The defendant has also stated that the accusations were totally vague and unclear as it does not propound the employment policies according to the act which might effect the rules and regulations of the system as on which it governs.
Judgement
- The court has taken the appropriate decision that the whole the dispersal of the employees from the Civil Supplies Department was totally illegal and invalid as the act does not allows any individual to do so without any prior permission.
- Hence, the court has decided that the dispersal will be cancelled at the spot and employment will be reverted back as soon as possible.
Rule of Law
The basic rule of law was applied here was that the termination of the employment without any prior notice is totally invalid And vague according to the act.
Comment
According to my personal opinion, the court has taken the appropriate decision that which might state that the systematic way of the whole procedure.
Conclusion
To conclude the above case, the court has stated that keeping in mind that the act is superior and clarified that nobody will not be entitled to be terminated from the stated title of the job authority.