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february 1998

Supreme Court of India · 1998-02-06

UPTRON INDIA LTD. vs SHAMMI BHANU

Citation / case number
SC 1998/142
Court
Supreme Court of India
Petitioner
UPTRON INDIA LTD.
Respondent
SHAMMI BHANU
Author
S. SAGHIR AHMAD
Bench
M. JAGANNADHA RAO S. SAGHIR AHMAD

Judgment text excerpt

The Supreme Court upheld the findings of the Industrial Tribunal and the High Court that the termination of the respondent's services constituted 'retrenchment' under Section 2(00) of the Industrial Disputes Act, as the proper legal procedures were not followed. The Court emphasized that the respondent, being a permanent employee, was entitled to a hearing before termination, which was not provided. Consequently, the Court affirmed the Tribunal's order for reinstatement and back wages, rejecting the petitioner's arguments regarding automatic termination under Clause 17(g) of the Certified Standing Orders.

UPTRON INDIA LTD. vs SHAMMI BHANU · Niyam