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december 1998

Supreme Court of India · 1998-12-14

BHARAT PETROLEUM CORPORATION LTD. vs MAHARASHTRA GENL.KAMGAR UNION & ORS.

Citation / case number
SC 1997/62089
Court
Supreme Court of India
Petitioner
BHARAT PETROLEUM CORPORATION LTD.
Respondent
MAHARASHTRA GENL.KAMGAR UNION & ORS.
Author
D.P. WADHWA. S.SAGHIR AHMAD
Bench
D.P. WADHWA. S.SAGHIR AHMAD

Judgment text excerpt

The Supreme Court addressed the issue of employee representation in disciplinary proceedings under the Industrial Employment (Standing Orders) Act, 1946. It held that the representation of an employee during departmental proceedings must comply with the certified Standing Orders, which did not permit representation by a non-employee union member. The Court set aside the Bombay High Court's interim order allowing such representation, affirming the Appellate Authority's decision on the Standing Orders as final under Section 5 of the Act.

BHARAT PETROLEUM CORPORATION LTD. vs MAHARASHTRA GENL.KAMGAR UNION & ORS. · Niyam