AIR 1976 SUPREME COURT 1775 ::1976 LAB. I. C. 1154 ::1976 3 SCC 819 ::1976 32 FacLR 170 ::1976 (1) LabLJ 493 ::49 FJR 177 ::1976 2 LabLN 176 ::1976 3 SCR 369

Supreme Court Of India

(From: Addl. Industrial Tribunal, Delhi and Addl. Labour Court, Madras)*

Hon'ble Judge(s): V. R. Krishna Iyer, N. L. Untwalia , JJ

(A) Industrial Disputes Act (14 of 1947) , S.2(kkk), S.25C, S.25E— @page-SC1776INDUSTRIAL DISPUTE - Case not governed by the provisions of Act - Power of management to lay-off workmen.AIR 1957 Bom 100. AIR 1963 Bom 146, Overruled.Award in I. D. 83 of 1968 D/- 1-4-1969. (Ind. Tri. - Delhi) and order in Claim Petns. 627 to 629 of 1968. D/- 17-11-1969 (Labour Court - Mad.), Reversed. It the terms of employment confer a right of lay-off on the management, then, in the case of an industrial establishment which is governed by Chapter VA. compensation will be payable in accordance with the provisions contained therein. The sections dealing with the matters of lay-off in Chapter VA are however not applicable to certain types of Industrial Establishments. Where the number of workmen was only 30, there were no Standing Orders certified under the Industrial Employment (Standing Orders) Act, 1946 nor was there any term of contact of service conferring any right of lay-off, the workmen must be held to be laid-off without any authority of law or the power in the management under the contract of service. Such a case, goes out of Chapter VA. Ordinarily and generally the workmen would be entitled to their full wages in such cases but in a reference made under Section 10 (1), it is open to the Tribunal or the Court to award a lesser sum finding the justifiability of the lay-o....