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.