Court : Supreme Court of India
Reported in : AIR1986SC1814; 1986(2)SCALE176; (1986)3SCC604; [1986]3SCR428; 1986(3)SLJ72(SC)
E.S. Venkataramiah, J.1. The appellant was working as an Additional District and Sessions Judge in the State of Uttar Pradesh in the year 1968. His date of birth was April 1, 1913. He would have retired from service on the expiry of March 31, 1971 on completing 58 years of age. But on September 3, 1968 the appellant was served with an order dated August 24, 1968 issued by the Secretary to the Government of Uttar Pradesh (Home Department) stating that the Governor of Uttar Pradesh in exercise of the powers under para (i) of the first proviso to Clause (a) of Fundamental Rule 56 contained in the Financial Hand Book, Volume II, Parts II to IV, as amended from time to time, had been pleased to order that the appellant should retire from service on the expiry of three months from the date of service of the notice. Aggrieved by the said notice of premature retirement, the appellant filed Writ Petition No. 3958 of 1968 before the High Court of Allahabad under Article 226 of the Constitution u...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1986SC1514; JT1986(1)SC18; (1987)ILLJ97SC; 1986(2)SCALE118; (1986)3SCC588; [1986]3SCR419
Murari Mohan Dutt, J.1. This appeal by special leave has been preferred by the appellant, Prakash Cotton Mills Pvt. Ltd., against the order dated September 27, 1972 of the Industrial Court, Maharashtra, Bombay directing payment of compensation by the appellant to its employees and to some badli workmen for the period from March 24, 1964 to June 10, 1964 (both days inclusive) during which the mill of the appellant had been closed down under circumstances beyond control of the appellant.2. The appellant is a Company engaged in the business of manufacture of cotton textile goods and comes within the purview of the provisions of the Bombay Industrial Relations Act, 1946 (hereinafter referred to as the 'Act'). It is not disputed that the mill of the appellant is recognised as an undertaking under Section 11 of the Act. The respondent, the Rashtriya Mill Mazdoor Sangh, is the approved, registered and representative union under Section 14 of the Act, representing the employees in the cotton t...
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