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.