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march 1984

Supreme Court of India · 1984-03-29

ASSOCIATED CEMENT COMPANIES LTD. ETC. vs T.C.SHRIVASTAVA & ORS.

Citation / case number
SC 1973/60387
Court
Supreme Court of India
Petitioner
ASSOCIATED CEMENT COMPANIES LTD. ETC.
Respondent
T.C.SHRIVASTAVA & ORS.
Author
V.D. TULZAPURKAR
Bench
V.D. TULZAPURKAR

Judgment text excerpt

The Supreme Court held that under Standing Order No. 17 of the Industrial Employment (Standing Orders) Act, 1946, there is no requirement for a second opportunity to show cause against the proposed punishment after an enquiry. The Court clarified that the opportunity referred to in Standing Order No. 17 pertains to providing an explanation regarding the alleged misconduct before a finding of guilt is made, not regarding the punishment itself. The Court allowed the management's appeal, confirming that the dismissal of the workmen was valid and did not violate the standing orders.

ASSOCIATED CEMENT COMPANIES LTD. ETC. vs T.C.SHRIVASTAVA & ORS. · Niyam