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.