Case Note & Summary
The dispute arose between Express Newspapers (P) Ltd. and its employees following a strike initiated on December 31, 1956, due to unmet demands. The management issued notices threatening termination if employees did not return to work, ultimately removing names from the muster roll on January 14, 1957, claiming abandonment of employment. The strike was called off on March 26, 1957, but many employees could not return as their positions were filled. The Payment of Wages Authority dismissed the employees' claims for wages, leading to writ petitions in the High Court, which were allowed. The appellants contended that the strike was illegal and that employees had abandoned their employment. The court analyzed the Standing Order 25(1), which required notice for termination, and concluded that the management's actions constituted termination without notice. The court emphasized that the employees' strike indicated a desire to continue employment, not abandonment. The appeals were dismissed, affirming the employees' entitlement to relief under the Payment of Wages Act.
Headnote
A) Employment Law - Termination of Employment - Validity of Termination - Payment of Wages Act, 1936, Section 15 - The court held that the removal of employees' names from the muster roll without notice constituted termination of employment, and the employees did not abandon their employment by going on strike. The management's unilateral imposition of new terms did not convert the absence into abandonment. The employees were entitled to relief under the Act (Paras 1-2).
Issue of Consideration
Whether the employees abandoned their employment by going on strike and if the termination of their employment was valid under the Payment of Wages Act, 1936.
Final Decision
The Supreme Court dismissed the appeals, holding that the removal of employees' names from the muster roll constituted termination without notice, and the employees were entitled to relief under the Payment of Wages Act.
Law Points
- Termination of employment
- Abandonment of employment
- Right to wages
- Industrial Disputes Act
- Payment of Wages Act
