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february 1990

Supreme Court of India · 1990-02-09

MANAGEMENT OF M/S M.S. NALLY BHARATENGG. CO. LTD. vs STATE OF BIHAR & ORS.

Citation / case number
SC 1990/77018
Court
Supreme Court of India
Petitioner
MANAGEMENT OF M/S M.S. NALLY BHARATENGG. CO. LTD.
Respondent
STATE OF BIHAR & ORS.
Author
K. SHETTY
Bench
K.J. SHETTY

Judgment text excerpt

The Supreme Court held that under Section 33-B of the Industrial Disputes Act, 1947, the transfer of proceedings is a quasijudicial power requiring the appropriate Government to provide a reasonable opportunity for the management to represent its case before transferring a matter. The Court found that the Government's transfer of the case to Patna without notifying the management was improper, emphasizing the necessity of fairness in administrative actions. The previous rulings in Jay Engineering Works Ltd. and others were overruled, reinforcing the principle that fairness is essential in administrative decisions.

MANAGEMENT OF M/S M.S. NALLY BHARATENGG. CO. LTD. vs STATE OF BIHAR & ORS. · Niyam