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1976 Supreme(SC) 48

N.L.UNTWALIA, V.R.KRISHNA IYER
Workmen Of Firestone Tyre And Rubber Company Of India Private LTD. : Thiru J. N. George – Appellant
Versus
Firestone Tyre And Rubber Company: Management Of Firestone Tyre And Rubber Company Of India Private LTD. – Respondent


Advocates:
B.R.MEHTA, JANARDAN SHARMA, JITENDRA SHARMA, M.K.RAMAMURTHY, RAMESHWAR NATH ROY, S.M.ANDLEY

JUDGMENT

UNTWALIA, J.:— As the main question for determination in these appeals by special leave is common, they have been heard together and are being disposed of by this judgment.

Civil Appeal No. 2307 of 1969

2. The respondent company in this appeal has its Head Office at Bombay. It manufactures tyres at its Bombay factory and sells the tyres and other accessories in the markets throughout the country. The company has a Distribution office at Nicholson Road. Delhi. There was a strike in the Bombay factory from 3rd March, 1967 to 16th May, 1967 and again from 4th October, 1967. As a result of the strike, there was a short supply of tyres etc. to the Distribution Office. In the Delhi Office, there were 30 employees at the relevant time. 17 workmen out of 30 were laid-off by the management as per their notice dated the 3rd February. 1968. which was to the following effect:

"Management is unable to give employment to the following workmen due to much reduced production in the companys factory resulting from strike in one of the factory departments.

These workmen are, therefore, laid-off in accordance with law with effect from 5th February, 1968."

3. The lay-off of the 17 workmen whose
















































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