Supreme Court of India · 1997-05-02
GANGANAGAR URBAN COOP. BANK vs PRESCRIBED AUTHORITY
- Citation / case number
- SC 1996/79479
- Court
- Supreme Court of India
- Petitioner
- GANGANAGAR URBAN COOP. BANK
- Respondent
- PRESCRIBED AUTHORITY
- Author
- D.P. WADHWA K. RAMASWAMY
- Bench
- D.P. WADHWA K. RAMASWAMY
Judgment text excerpt
The Supreme Court addressed the applicability of Section 28-A of the Rajasthan Shops and Commercial Establishment Act, 1958, and Section 33(c-2) of the Industrial Disputes Act, 1947, in relation to the dismissal of employees. The Court held that while Section 28-A mandates prior notice for dismissal after six months of continuous service, Rule 20(d) of the Rajasthan Cooperative Societies Rules allows for automatic termination without notice under certain conditions. The Court clarified that the employer must follow due process for dismissal based on misconduct, emphasizing the need for a proper enquiry and evidence before termination.