Reviewed case brief

Hariprasad Shivshankar Shukla v A.D. Divelkar

AIR 1957 SC 121

AIR 1957 SC 121 · Supreme Court of India

retrenchmentsection-2-ooclosure-of-businessstatutory-amendment
Court
Supreme Court of India
Year
1957
Subjects
Labour Law
Reviewed
2026-08-02

Rule established

The closure of an undertaking by an employer is distinct from 'retrenchment' under Section 2(oo) of the Industrial Disputes Act; termination of services consequent upon a bona fide closure of business does not amount to retrenchment, and workmen so terminated are not entitled to retrenchment compensation under Section 25F merely by virtue of that provision, though this position was later altered by statutory amendment.

Facts

    Issues

      Held

        Ratio decidendi

        How to use it in an exam

        Editorial source

        AIR 1957 SC 121; foundational authority distinguishing closure from retrenchment, subsequently altered by legislative amendment, cross-verify citation before exam use

        Educational summary only. Read the reported judgment or an authorised law report before relying on the case professionally.