Industrial Disputes Act, 1947 — Section 10(2) — Transfer of an undertaking

March 28th, 2013

Industrial Disputes Act, 1947 — Section 10(2) — Transfer of an undertaking — Right of workmen who not ready to work under different management — Refusal of State Government to refer the dispute for adjudication in respect of — Writ petition — Direction by writ court to pay retirement/retrenchment benefits to workmen — Justification of — Held, taking note of the fact that the workmen cannot be compelled to join the transferee company against their wish and without their consent and all along fighting for their cases in various forums, the single judge of High Court fully justified in passing such order.

(Paras 9 & 10)

Sunil Kumar Ghosh v. K. Ram Chandran[Bench Strength 2], Civil Appeal Nos. 9921-9922/2011 (Arising out of SLP (C) Nos. 11115-11116/2009(18/11/2011), 2011(13) JT 348: 2011(13) SCALE 23: 2011(8) Supreme 333: 2011(8) SLT 669: 2012(1) LLJ 625: 2012(1) SLR 712 [P. Sathasivam, J.: J. Chelameswar, J.]

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