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september 2005

Supreme Court of India · 2005-09-23

Obettee Pvt. Ltd vs Mohd. Shafiq Khan

Citation / case number
AIR 2005 SUPREME COURT 3510
Court
Supreme Court of India
Petitioner
Obettee Pvt. Ltd
Respondent
Mohd. Shafiq Khan
Author
Arijit Pasayat
Bench
Arijit Pasayat, C.K. Thakker

Judgment text excerpt

The Supreme Court upheld the decision of the Allahabad High Court which quashed the termination of the respondent-workman under the Uttar Pradesh Industrial Disputes Act, 1947. The Court found that the High Court correctly identified the distinction made by the Industrial Tribunal as artificial, emphasizing that the lack of subsequent apology from the workman did not justify his termination when others were not penalized. The Court reiterated that fairness in disciplinary proceedings is paramount, leading to the conclusion that the termination was not sustainable in law.

Obettee Pvt. Ltd vs Mohd. Shafiq Khan · Niyam