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may 1993

Supreme Court of India · 1993-05-07

SHRI D.K. YADAV vs M/S J.M.A. INDUSTRIES LTD.

Citation / case number
SC 1983/64619
Court
Supreme Court of India
Petitioner
SHRI D.K. YADAV
Respondent
M/S J.M.A. INDUSTRIES LTD.
Author
K. RAMASWAMY
Bench
K. RAMASWAMY

Judgment text excerpt

The Supreme Court held that the termination of the appellant's service was violative of the principles of natural justice, as the management failed to conduct a domestic enquiry or provide the appellant an opportunity to present his case. The Court clarified that while Certified Standing Orders have statutory force, they do not exclude the application of natural justice principles. The Labour Court's award was set aside, and the appellant was ordered to be reinstated with 50% back wages, emphasizing that automatic termination due to absence must still adhere to fair procedures as mandated by Article 14.

SHRI D.K. YADAV vs M/S J.M.A. INDUSTRIES LTD. · Niyam