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.