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august 2007

Supreme Court of India · 2007-08-27

UNITED BANK OF INDIA vs SIDHARTHA CHAKRABORTY

Citation / case number
SC 2005/11907
Court
Supreme Court of India
Petitioner
UNITED BANK OF INDIA
Respondent
SIDHARTHA CHAKRABORTY
Author
ARIJIT PASAYAT
Bench
D.K. JAIN DR. ARIJIT PASAYAT

Judgment text excerpt

The Supreme Court upheld the dismissal of the appellant-Bank's appeal against the Guwahati High Court's decision, which found the dismissal of the respondent-employee void due to the Bank's failure to file an application under Section 33(2)(b) of the Industrial Disputes Act, 1947. The Court clarified that the provisions of Section 33(2)(b) are mandatory, rejecting the Bank's reliance on the overruled precedent in M/s Punjab Beverages Pvt. Ltd. Chandigarh v. Suresh Chand. The Court affirmed the High Court's ruling that the dismissal was invalid without the requisite application, thus upholding the employee's reinstatement claim.

UNITED BANK OF INDIA vs SIDHARTHA CHAKRABORTY · Niyam