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1978 Supreme(SC) 34

D.A.DESAI, V.R.KRISHNA IYER
Shaw Wallace And Company LTD. – Appellant
Versus
Workmen – Respondent


JUDGMENT

KRISHNA IYER, J. :— This appeal by special leave under Art. 136 of the Constitution has been argued at some length by the Management, the appellant, against whom an award has been made for payment of compensation to fifteen workmen whose services, according to the Labour Court, have been improperly terminated. The compensation was Rs. 2,000/- per head so that the total subject-matter is Rs. 30,000/-, although the case itself has reached the SC on an earlier occasion with the result that the costs of the litigation far exceed the value of the subject-matter, in all probability. This is the besetting sin of Indian litigation, especially in the industrial jurisdiction.

2. Be that as it may, the special jurisdiction of this Court under Art. 136 can be invoked ordinarily only where there is manifest injustice, fundamental flaw in law or perverse findings of facts. After having heard counsel elaborately, we are satisfied that this jurisdiction cannot be exercised on any of the above grounds. Basically justice has been done. There is some basis, some material to validate the award. Therefore, our jurisdiction stands repelled unless there are special circumstances which we fail to




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