Reviewed case brief

Jay Engineering Works Ltd. v State of West Bengal

AIR 1968 Cal 407

AIR 1968 Cal 407 · Calcutta High Court

gheraowrongful-confinementtrade-union-immunityunlawful-protest
Court
Calcutta High Court
Year
1968
Subjects
Labour Law
Reviewed
2026-08-02

Rule established

A 'gherao' (physical surrounding and confinement of management personnel by workers) is not a legitimate form of protest or trade union activity protected by law; it amounts to wrongful confinement and unlawful restraint, and is not covered by the immunities granted to trade unions for peaceful and lawful industrial action.

Facts

    Issues

      Held

        Ratio decidendi

        How to use it in an exam

        Editorial source

        AIR 1968 Cal 407; foundational authority holding gherao unlawful and outside trade union immunity, cross-verify citation before exam use

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