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SUBBA REDDY SATTI
Super Spinning Mills Limited, Rep. by its Chairman and Managing Director, Sumanth Ramamurthi, S/o. Sri Ramamurthi – Appellant
Versus
State of Andhra Pradesh, Rep. by its Principal Secretary – Respondent
ORDER:
1. The present Writ Petition under Article 226 of the Constitution of India is filed questioning the legality and validity of reference purported under Section 10 of the Industrial Disputes Act, 1947 (for short ‘ID’ Act) vide Lr.No.D1/1515/2020, dated 19.03.2021 issued by respondent No.2 to respondent No.4.
2. The brief facts of the petition, are :
Petitioner company is registered under the Companies Act and it is engaged in the business of manufacturing Cotton yarn. Unit ‘A’ was established in the year, 1962. Petitioner company engaged permanent workmen, casual workmen and scheme workers. Petitioner unit suffered financial losses and though the management tried to revive the sick unit, however continuously suffered losses. After reopening of the unit in April, 2020 after lockdown due to Covid-19 pandemic situation in the month of March, 2020, the company was unable to operate the unit and as there was no work available to the workmen of the Unit. Finally, petitioner company was forced to issue notice, dated 29.06.2020 declaring lay off w.e.f. 01.07.2020 and copy of said notice was forwarded to the State Government authorities as per provisions of ID Act.
In the unit, there w
The Court held that a declared 'special casual leave' amounted to illegal lay-off under the Industrial Disputes Act, resulting in the workers' entitlement to backwages and benefits.
The workers of factory of petitioner - company shall not cause any hindrance in smooth functioning of petitioner company and shall create an atmosphere of harmony and peace with the management of pet....
Industrial disputes under the Industrial Disputes Act can be raised at any time; delay does not bar adjudication if the dispute remains valid and justiciable.
Termination from service - Misconduct – As per provisions of ID Act at a time when Union had continued to enjoy its corporate body status cannot be said to be in any manner vitiated merely because Un....
Point of Law- Law does not prescribe any time-limit for the appropriate Government to exercise its powers under Section 10 of the Act. It is not that this power can be exercised at any point of time ....
A government's refusal to refer an industrial dispute for adjudication based on purported lack of service continuity without exploring all relevant circumstances is improper.
The main legal point established in the judgment is that a dispute under the Industrial Disputes Act can only be considered a dispute if a specific demand has been made by the workmen, and any refere....
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