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december 1997

Supreme Court of India · 1997-12-01

RAJASTHAN ADULT EDU. ASSN. vs ASHOKA BHATACHARYA

Citation / case number
SC 1995/13772
Court
Supreme Court of India
Petitioner
RAJASTHAN ADULT EDU. ASSN.
Respondent
ASHOKA BHATACHARYA
Author
D.P. WADHWA SUJATA V. MANOHAR
Bench
D.P. WADHWA SUJATA V. MANOHAR

Judgment text excerpt

The Supreme Court held that the termination of the respondent's services as a temporary Programme Assistant was invalid as it violated Section 25F of the Industrial Disputes Act, 1947, which mandates prior notice and compensation for termination. The Court affirmed the High Court's ruling that the appellant, a society registered under the Societies Registration Act, is considered a 'State' under Article 12 of the Constitution, thus requiring adherence to principles of natural justice. The Court upheld the High Court's decision to set aside the termination order, emphasizing the necessity of providing an opportunity to the employee to explain her conduct before termination.

RAJASTHAN ADULT EDU. ASSN. vs ASHOKA BHATACHARYA · Niyam