Supreme Court · 1963 INSC 233 · Decided 25 November 1963

N.A. Malbari and BROS. v. Commissioner of Income-Tax, Bombay

Court
Supreme Court of India
Citation
1963 INSC 233 · [1964] 5 S.C.R. 560
Case number
CIVIL APPEAL No. 878/1962
Decided
25 November 1963
Bench
A.K. SARKAR, M. HIDAYATULLAH, J.C. SHAH (3-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Income Tax Act

Headnote

COURT REPORTS (1964] 1963 pute must be governed by Rule S(a)(i) of the respon&shy; dent's Standing Orders. Workmen of Dewan Tea In the result, we reverse the finding of the Tribunal Estate and Ors. !hat the lay <!ff 4eclared by the .respon~e!lt for 45 days v m 1959 was Justified. That bemg so, position, under the relevant Rule J. they could not validly declare a lay off at all, nor could they have declared the lay off in exercise of their alleged common law right. The questions referred to the Tribunal must, therefore, be answered in favour of the appellants. The appeal is

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