Supreme Court of India · 1963-02-15
P. H. KALYANI vs M/S. AIR FRANCE CALCUTTA
- Citation / case number
- SC 1962/209
- Court
- Supreme Court of India
- Petitioner
- P. H. KALYANI
- Respondent
- M/S. AIR FRANCE CALCUTTA
- Author
- GAJENDRAGADKAR, P.B.,WANCHOO, K.N.,HIDAYATULLAH, M.,GUPTA, K.C. DAS,SHAHC.
- Bench
- GAJENDRAGADKAR, P.B.,WANCHOO, K.N.,HIDAYATULLAH, M.,GUPTA, K.C. DAS,SHAH, J.C.
Judgment text excerpt
The Supreme Court held that the application for approval of dismissal under Section 33 of the Industrial Disputes Act, 1947 was validly made, as the appellant was not recognized as a protected workman under Section 33(3). The Court found that even if the domestic enquiry was flawed, the dismissal could be upheld if there was a prima facie case of misconduct. The dismissal did not constitute victimization, and the Tribunal was entitled to assess the justification of the dismissal based on the evidence presented.