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may 1976

Supreme Court of India · 1976-05-07

MAHENDRA SINGH DHANTWAL vs HINDUSTAN MOTORS LTD. & ORS.

Citation / case number
SC 1972/60272
Court
Supreme Court of India
Petitioner
MAHENDRA SINGH DHANTWAL
Respondent
HINDUSTAN MOTORS LTD. & ORS.
Author
P.K. GOSWAMI
Bench
P.K. GOSWAMI

Judgment text excerpt

The Supreme Court held that the Tribunal correctly entertained the application under Section 33A of the Industrial Disputes Act, 1947, despite the employer's claim of termination under the service agreement. The Court clarified that standing orders do not exhaustively define misconduct, allowing for actions based on the specific facts of a case. The Division Bench's ruling was overturned, affirming that the Tribunal's finding of misconduct warranted reinstatement under Article 226 of the Constitution, as the employer failed to seek prior approval under Section 33(2)(b).

MAHENDRA SINGH DHANTWAL vs HINDUSTAN MOTORS LTD. & ORS. · Niyam