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november 1960

Supreme Court of India · 1960-11-22

DELHI CLOTH AND GENERAL MILLS CO., LTD. vs SHRI RAMESHWAR DYAL AND ANR.

Citation / case number
SC 1959/33
Court
Supreme Court of India
Petitioner
DELHI CLOTH AND GENERAL MILLS CO., LTD.
Respondent
SHRI RAMESHWAR DYAL AND ANR.
Bench
WANCHOO, K.N.

Judgment text excerpt

The Supreme Court held that the interim reinstatement of Sharda Singh by the Industrial Tribunal under Section 33A of the Industrial Disputes Act, 1947 was erroneous as it prejudged the legality of his dismissal without a proper hearing. The Court emphasized that such interim relief should not be granted without determining the merits of the case, thereby upholding the principle that the Tribunal must first assess the legality of the dismissal before ordering reinstatement. The High Court's decision was overturned, and the appeal was allowed.

DELHI CLOTH AND GENERAL MILLS CO., LTD. vs SHRI RAMESHWAR DYAL AND ANR. · Niyam