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1985 Supreme(SC) 283

O.CHHINNAPPA REDDY, V.KHALID
Management Of Standard Motor Products Of India LTD. – Appellant
Versus
A. Parthasarathy – Respondent


Advocates:
D.N.GUPTA, JITENDRA SHARMA, Y.S.Chitale

JUDGMENT

CHINNAPPA REDDY, J.:— The Standard Motor Products of India Limited closed down their factory on May 22.1 1970. During the 12 months preceding the date of closure, the workmen were on strike from September 12, 1969 to November 6, 1969 and February 12, 1970 to February 26, 1970. The strike was illegal from September 19, 1969 to November 6, 1969 and from February 12, 1970 to February 26, 1970 as the Government of Tamil Nadu had made an order under Sec. 10(3) of the Industrial Disputes Act on September 19,1969 prohibiting the strike. After the closure on May 22, 1970, there was a settlement between the management and the workmen on February 15, 1971. Under the terms of the settlement, it was agreed that the closure should be accepted as a fact, with the necessary legal consequences to follow. The factory resumed work as a new unit on January 22, 1971. The erstwhile employees were taken back as new employees, but it was agreed that .their previous services were to be taken into account for the purpose of gratuity. 217 workers filed petitions under Sec. 33-C(2) of the Industrial Disputes Act claiming closure compensation under Sec. 25FFF. The petitions were dismissed by the Labo




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