MANAGMENT, PNADIYAN ROADWAYS CORP. LTD. vs N. BALAKRISHNAN

The Supreme Court held that the dismissal of an employee under Section 33(2)(b) of the Industrial Disputes Act, 1947 was invalid as the management failed to comply with Clause 17(5) of the Certified Standing Orders, which mandates consideration of past conduct before imposing major penalties. The Court emphasized that the acquittal of the employee in a criminal case related to theft undermined the justification for dismissal. The appeal was dismissed, affirming the High Court's decision that the dismissal was not warranted under the circumstances.