RASIKLAL VAGHAJIBHAI PATEL vs AHMEDABAD MUNICIPAL CORPORATION AND ANOTHER

The Supreme Court held that the suppression of material facts regarding prior dismissal when applying for employment constitutes misconduct. It emphasized that for a dismissal to be lawful, the misconduct must be clearly enumerated in the Certified Standing Orders or service regulations, as per the principles of penal jurisprudence. The Court dismissed the petition, affirming that an employer cannot arbitrarily label conduct as misconduct without prior notice to the employee, thereby upholding the Labour Court's decision.