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february 1971

Supreme Court of India · 1971-02-02

WORKERS EMPLOYED IN HIRAKUD DAM vs STATE OF ORISSA AND ANR.

Citation / case number
SC 1968/60038
Court
Supreme Court of India
Petitioner
WORKERS EMPLOYED IN HIRAKUD DAM
Respondent
STATE OF ORISSA AND ANR.
Bench
VAIDYIALINGAM, C.A.

Judgment text excerpt

The Supreme Court held that the term 'dismissal' in paragraph 11 of the relevant Code encompasses both termination of services as a punishment for serious misconduct and termination simpliciter. The Court clarified that the interpretation of 'dismissal' under the Government of India Act, 1935, Article 311 of the Constitution, and Service Rules does not limit it to punitive measures alone. It affirmed that an employer has the right to terminate an employee's services even before the completion of work, provided that a month's notice or pay in lieu is given, thereby upholding the High Court's interpretation.

WORKERS EMPLOYED IN HIRAKUD DAM vs STATE OF ORISSA AND ANR. · Niyam