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.