Supreme Court of India

Ashok K. Jha & Ors. v. Garden Silk Mills & Anr.

Neutral citation
Reported as [2009] 13 S.C.R. 886
Bench Tarun Chatterjee and R.M. Lodha JJ.
Decided 28 August 2009

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

3 Supreme Court benches have cited this judgment.

What the Court ordered

We hold that Letters Patent Appeal was maintainable from the order dated October 1, 2007 passed by the learned Single Judge. c We answer question (2) in affirmative.

Judgment, page 27

From the 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 2 of Schedule Ill for which no notice under s.42(1) was necessary - Orders of transfer clearly stated that +-- 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

Where later benches applied it

Of those, 2 relied on · 1 referred to

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