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september 2005

Supreme Court of India · 2005-09-26

U.P. STATE SPINNING CO. LTD. vs R.S. PANDEY

Citation / case number
SC 2003/2686
Court
Supreme Court of India
Petitioner
U.P. STATE SPINNING CO. LTD.
Respondent
R.S. PANDEY
Author
ARIJIT PASAYAT
Bench
C.K. THAKKER ARIJIT PASAYAT

Judgment text excerpt

The Supreme Court upheld the dismissal of the employer's appeal against the Allahabad High Court's decision, which quashed the termination orders of the respondents. The Court emphasized that the respondents had a statutory remedy under the Industrial Disputes Act, 1947, and the U.P. Industrial Disputes Act, 1947, but found that the High Court correctly noted the procedural impropriety in the dismissal process, particularly regarding the timing of the show cause notice and the final order. The Court held that the existence of an alternative remedy does not preclude the High Court from exercising its jurisdiction under Article 226 when there are substantial procedural violations.

U.P. STATE SPINNING CO. LTD. vs R.S. PANDEY · Niyam