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may 1997

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.

GANGANAGAR URBAN COOP. BANK vs PRESCRIBED AUTHORITY · Niyam