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.