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Supreme Court of India 2019-04-11 allowed

CHAIRMAN AND MANAGING DIRECTOR THE FERTILIZERS AND CHEMICALS TRANVANCORE LTD vs GENERAL SECRETARY FACT EMPLOYEES ASSOCIATION

Bench: 2 — Abhay Manohar Sapre, Indu Malhotra

In Brief

A fertilizer company reduced its employees' retirement age from 60 to 58 years due to financial difficulties. Trade unions challenged this in writ petitions before the High Court and then filed a special leave petition in the Supreme Court, both of which were dismissed. The unions later asked the State to refer the same issue to the Labour Court. The High Court allowed the unions' challenge to the Labour Court proceedings. The Supreme Court held that once an issue is finally decided between the same parties by a competent court, it cannot be re-examined in labour court proceedings under the principle of res judicata. The Court set aside the High Court's order and restored the Labour Court's award, allowing the appeal.

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Labour and Industrial Law Civil Procedure Res Judicata Public Sector Undertakings Retirement and Superannuation

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