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december 2004

Supreme Court of India · 2004-12-17

Divisional Manager, Plantation ... vs Munnu Barrick And Ors.

Citation / case number
AIR 2005 SUPREME COURT 1158
Court
Supreme Court of India
Petitioner
Divisional Manager, Plantation ...
Respondent
Munnu Barrick And 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 principles of Audi Alteram Partem were violated, denying the workmen their right to defend themselves adequately. The appeal by the Management was dismissed, affirming the Labour Court's decision to reinstate the workmen with back wages and service benefits.

Divisional Manager, Plantation ... vs Munnu Barrick And Ors. · Niyam