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september 2000

Supreme Court of India · 2000-09-26

BLUE STAR EMPLOYEES UNION vs EX.OFF.PRINCIPAL SECY.TO GOVT.

Citation / case number
SC 1997/20620
Court
Supreme Court of India
Petitioner
BLUE STAR EMPLOYEES UNION
Respondent
EX.OFF.PRINCIPAL SECY.TO GOVT.
Bench
S. RAJENDRA BABU & D.P. MOHAPATRA

Judgment text excerpt

The Supreme Court examined the applicability of Section 33-A and Section 10(2-A) of the Industrial Disputes Act, 1947, in the context of a dispute between a union and an employer regarding the termination of services of workmen. The Court held that the findings of the Tribunal regarding the justification of termination could not operate as res judicata for a subsequent reference under Section 10, as the scope of Section 33-A was not properly considered. The Court concluded that the dismissal of the workmen was not justified without examining compliance with Section 33, allowing for a fresh reference to the Tribunal.

BLUE STAR EMPLOYEES UNION vs EX.OFF.PRINCIPAL SECY.TO GOVT. · Niyam