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december 2006

Supreme Court of India · 2006-12-01

MUIR MILLS UNIT OF N.T.C. (U.P.) LTD. vs SWAYAM PRAKASH SRIVASTAVA

Citation / case number
SC 2004/14974
Court
Supreme Court of India
Petitioner
MUIR MILLS UNIT OF N.T.C. (U.P.) LTD.
Respondent
SWAYAM PRAKASH SRIVASTAVA
Author
AR.Lakshmanan
Bench
ALTAMAS KABIR DR. AR. LAKSHMANAN

Judgment text excerpt

The Supreme Court upheld the Labour Court's award declaring the termination of the respondent's services as illegal, emphasizing that the Industrial adjudicator has the authority to examine the validity of termination even during the probation period. The Court noted that the respondent was a 'workman' under the Industrial Disputes Act, 1947, and thus entitled to protection against arbitrary dismissal. The appeal by Muir Mills was dismissed, affirming the reinstatement of the respondent with back wages.

MUIR MILLS UNIT OF N.T.C. (U.P.) LTD. vs SWAYAM PRAKASH SRIVASTAVA · Niyam