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september 1969

Supreme Court of India · 1969-09-08

EXECUTIVE COMMITTEE OF U.P. STATE WAREHOUSINGCORPORATION, vs CHANDRA KIRAN TYAGI

Citation / case number
SC 1967/148
Court
Supreme Court of India
Petitioner
EXECUTIVE COMMITTEE OF U.P. STATE WAREHOUSINGCORPORATION,
Respondent
CHANDRA KIRAN TYAGI
Bench
VAIDYIALINGAM, C.A.

Judgment text excerpt

The Supreme Court held that the dismissal of the respondent, a warehouseman, was invalid as it violated Regulation 16(3) of the Agricultural Produce (Development and Warehousing) Corporation Act, 1956, which mandates a fair procedure including the opportunity for the employee to present their case. The Court clarified that while reinstatement is not typically granted for personal service contracts, exceptions exist for breaches of mandatory statutory obligations. The dismissal was deemed contrary to the established regulations, leading to the conclusion that the respondent was entitled to a declaration of reinstatement.

EXECUTIVE COMMITTEE OF U.P. STATE WAREHOUSINGCORPORATION, vs CHANDRA KIRAN TYAGI · Niyam