Reviewed case brief

Hind Construction and Engineering Co. Ltd. v Their Workmen

AIR 1965 SC 917

AIR 1965 SC 917 · Supreme Court of India

bona-fide-absenceillegal-strikeproportionality-of-punishmentreinstatement
Court
Supreme Court of India
Year
1965
Subjects
Labour Law
Reviewed
2026-08-02

Rule established

Workers who absent themselves from duty under the mistaken but bona fide belief that a declared holiday entitled them to be absent, and who did not intend to strike or act in defiance of the employer, cannot be treated as having gone on an illegal strike; dismissal for such absence, disproportionate to the actual conduct involved, is not sustainable, and reinstatement is the appropriate remedy.

Facts

    Issues

      Held

        Ratio decidendi

        How to use it in an exam

        Editorial source

        AIR 1965 SC 917; standard casebook authority on distinguishing bona fide absence from illegal strike, cross-verify citation before exam use

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