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november 1996

Supreme Court of India · 1996-11-18

R.THIRUVIRKOLAM vs PRESIDING OFFR., IIND ADDL.,L.COURT &ANR

Citation / case number
SC 1993/60672
Court
Supreme Court of India
Petitioner
R.THIRUVIRKOLAM
Respondent
PRESIDING OFFR., IIND ADDL.,L.COURT &ANR
Author
S. Verma
Bench
B.N. KIRPAL J.S. VERMA

Judgment text excerpt

The Supreme Court held that the dismissal of an employee from service takes effect from the date of the employer's order, even if the domestic inquiry is found to be defective, as long as the Labour Court justifies the dismissal based on its own appraisal of evidence. This principle is established in P.H. Kalyani Vs. M/s Air France Calcutta, which distinguishes between cases of no inquiry and those with a defective inquiry. The Court reaffirmed that the dismissal remains effective from the original date, rejecting the appellant's contention to the contrary.

R.THIRUVIRKOLAM vs PRESIDING OFFR., IIND ADDL.,L.COURT &ANR · Niyam