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december 2004

Supreme Court of India · 2004-12-17

Div.Mangr.Plantn.Div.Andaman&Nicobar ... vs Munnu Barrick&Ors

Court
Supreme Court of India
Petitioner
Div.Mangr.Plantn.Div.Andaman&Nicobar ...
Respondent
Munnu Barrick&Ors
Author
S.B. Sinha
Bench
N. Santosh Hegde, S.B. Sinha

Judgment text excerpt

The Supreme Court upheld the Labour Court's award reinstating the workmen, finding that the removal was unlawful due to a violation of natural justice principles, specifically the failure to serve a second show-cause notice as mandated by Article 311(2) of the Constitution. The Court emphasized that the inquiry process was flawed as the workmen were not given an opportunity to defend themselves adequately, violating the principle of Audi Alteram Partem. Consequently, the appeal by the Management of Andaman Nicobar Islands Forest and Plantation Development Corporation was dismissed, affirming the Labour Court's decision.

Div.Mangr.Plantn.Div.Andaman&Nicobar ... vs Munnu Barrick&Ors · Niyam