Supreme Court of India · 1963-02-15
THE TATA OIL MILLS CO., LTD. vs WORKMEN & ANR.
- Citation / case number
- SC 1962/208
- Court
- Supreme Court of India
- Petitioner
- THE TATA OIL MILLS CO., LTD.
- Respondent
- WORKMEN & ANR.
- Bench
- GAJENDRAGADKAR, P.B.
Judgment text excerpt
The Supreme Court held that the Industrial Tribunal has jurisdiction to examine whether a termination of service is a discharge simpliciter or amounts to dismissal, as per the principles established in previous cases. The Court emphasized that the form of the termination order is not decisive; rather, the substance and bona fides of the employer's action must be assessed. In this case, the Tribunal's finding that the discharge was not justified was set aside due to unsatisfactory reasoning, leading to the conclusion that the Tribunal's order must be overturned.