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january 1973

Supreme Court of India · 1973-01-12

MUNICIPAL CORPORATION OF GREATER BOMBAY vs THE B.E.S.T. WORKERS' UNION

Citation / case number
SC 1971/60239
Court
Supreme Court of India
Petitioner
MUNICIPAL CORPORATION OF GREATER BOMBAY
Respondent
THE B.E.S.T. WORKERS' UNION
Bench
VAIDYIALINGAM, C.A.

Judgment text excerpt

The Supreme Court interpreted Section 78(1)(d)(i) of the Bombay Industrial Relations Act, 1946, holding that the provisions are directory rather than mandatory. The Court ruled that the Labour Court must consider the specific circumstances of each case, including the employer's diligence in disciplinary proceedings, before deciding to set aside dismissal orders for delays beyond six months. The Court overturned the Labour Court's decision to grant relief to the dismissed employees, emphasizing that the employer's timely action and valid reasons for any delay should be taken into account.

MUNICIPAL CORPORATION OF GREATER BOMBAY vs THE B.E.S.T. WORKERS' UNION · Niyam