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december 2004

Supreme Court of India · 2004-12-17

DIV.MANGR.PLANTN.DIV.ANDAMAN&NICOBAR IS. vs MUNNU BARRICK .

Citation / case number
SC 2002/973
Court
Supreme Court of India
Petitioner
DIV.MANGR.PLANTN.DIV.ANDAMAN&NICOBAR IS.
Respondent
MUNNU BARRICK .
Author
S.B. SINHA
Bench
S.B.SINHA N.SANTOSH HEGDE

Judgment text excerpt

The Supreme Court upheld the Labour Court's award which reinstated 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 and provide a copy of the inquiry report as mandated by Article 311(2) of the Constitution. The Court emphasized that the principles of natural justice, particularly Audi Alteram Partem, were infringed, leading to discrimination against the workmen. 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 IS. vs MUNNU BARRICK . · Niyam