Supreme Court · 2009 INSC 1088 · Decided 28 August 2009
Ashok K. Jha & ORS. v. Garden Silk Mills & ANR.
- Court
- Supreme Court of India
- Citation
- 2009 INSC 1088 · [2009] 13 S.C.R. 886
- Case number
- CIVIL APPEAL No. 5854/2009
- Decided
- 28 August 2009
- Bench
- TARUN CHATTERJEE, RAJENDRA MAL LODHA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 226, 227
Headnote
Bombay Industrial Relations Act, 1946: s.42(1 ), Schedule II, Item 1 and 2, Schedule Ill, Item 2 - Notice of c change - Transfer of workers within establishment - From Crimping Department to Twisting Department - Held: Would not attract Item Nos. 1 and 2 of Schedule II but would be covered by Item which no notice under s.42(1) was necessary - Orders of transfer clearly stated that +-- D there was no change in service conditions of workers and the type of work also remained the same - Burden to establish that number of workers in the two departments was determined f and that due to action
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