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.