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may 2007

Supreme Court of India · 2007-05-15

Management, Pandiyan Roadways Corp. ... vs N. Balakrishnan

Citation / case number
AIR 2007 SC (SUPP) 1361
Court
Supreme Court of India
Petitioner
Management, Pandiyan Roadways Corp. ...
Respondent
N. Balakrishnan
Author
S.B. Sinha
Bench
S.B. Sinha, Markandey Katju

Judgment text excerpt

The Supreme Court held that the dismissal of an employee under Section 33(2)(b) of the Industrial Disputes Act, 1947 was improper as the management failed to comply with Clause 17(5) of the Certified Standing Orders, which mandates consideration of the employee's past record before dismissal. The Court emphasized that the acquittal in the criminal case for theft undermined the basis for dismissal. Consequently, the Court upheld the High Court's decision to allow the employee's appeal against the dismissal, reinforcing the need for adherence to procedural safeguards in disciplinary actions.

Management, Pandiyan Roadways Corp. ... vs N. Balakrishnan · Niyam