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march 2000

Supreme Court of India · 2000-03-28

H.D. SHARMA vs NORTHERN INDIA TEXTILE RESEARCH ASOCN.

Citation / case number
SC 1998/7141
Court
Supreme Court of India
Petitioner
H.D. SHARMA
Respondent
NORTHERN INDIA TEXTILE RESEARCH ASOCN.
Author
S.S.Ahmad Y.K.Sabharwal
Bench
S.S.Ahmad Y.K.Sabharwal

Judgment text excerpt

The Supreme Court held that the dismissal of the appellant under Section 6-E(2)(b) of the UP Industrial Disputes Act, 1947 was improper as the employer failed to pay one month's wages before dismissal and did not seek prior approval from the Industrial Tribunal. The Court emphasized that the requirement of payment and approval is mandatory under the statute. Consequently, the Court set aside the High Court's order allowing the withdrawal of the dismissal approval application, reinstating the Tribunal's authority to adjudicate the matter under Section 4-K of the Act.

H.D. SHARMA vs NORTHERN INDIA TEXTILE RESEARCH ASOCN. · Niyam