Supreme Court of India

Buckingham and Carnatic Co Ltd v Workers of the Buckingham and Carnatic Co Ltd

AIR 1953 SC 47; 1953 SCR 21919531 min read
The case in brief30-second read
Facts
About 859 workers stopped work in concert for a few hours without notice. The employer treated this as an illegal strike breaking continuity of service, which affected their paid holidays under the Factories Act.
Issue
Whether the stoppage was a strike under the Industrial Disputes Act and whether, being illegal, it broke continuity of service.
Held
The concerted stoppage was a strike; since the required notice was not given it was illegal and broke continuity of service, so the workers lost the paid holidays.
Principle
A concerted cessation of work, even for a short time, is a strike; an illegal strike can interrupt continuous service.
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Facts

  • About 859 workers stopped work in concert for a few hours without notice. The employer treated this as an illegal strike breaking continuity of service, which affected their paid holidays under the Factories Act.

Issue

  1. Whether the stoppage was a strike under the Industrial Disputes Act and whether, being illegal, it broke continuity of service.

Held

  • The concerted stoppage was a strike; since the required notice was not given it was illegal and broke continuity of service, so the workers lost the paid holidays.

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Citation

Buckingham and Carnatic Co Ltd v Workers of the Buckingham and Carnatic Co Ltd AIR 1953 SC 47; 1953 SCR 219

Reported: https://indiankanoon.org/doc/722600/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.