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march 1972

Supreme Court of India · 1972-03-09

CHHOTOBHAI JETHABHAI PATEL & CO. vs THE INDUSTRIAL COURT, MAHARASHTRA NAGPUR BENCH, NAGPUR

Citation / case number
SC 1968/60346
Court
Supreme Court of India
Petitioner
CHHOTOBHAI JETHABHAI PATEL & CO.
Respondent
THE INDUSTRIAL COURT, MAHARASHTRA NAGPUR BENCH, NAGPUR
Bench
MITTER, G.K.

Judgment text excerpt

The Supreme Court held that the Labour Court at Nagpur had jurisdiction under Section 78(1)(D) of the Bombay Industrial Relations Act, 1946, even if the employee did not comply with the provisions of Section 42(4) of the Act. The Court affirmed the Labour Court's finding that the dismissal of the employee was unjust and ordered reinstatement with back wages. The judgment clarified that prior compliance with Section 42(4) is not a prerequisite for seeking relief under Section 78(1)(D).

CHHOTOBHAI JETHABHAI PATEL & CO. vs THE INDUSTRIAL COURT, MAHARASHTRA NAGPUR BENCH, NAGPUR · Niyam