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november 2008

Supreme Court of India · 2008-11-21

Radhakrishna Mani Tripathi vs L.H. Patel & Anr

Citation / case number
AIR 2008 SC (SUPP) 928
Court
Supreme Court of India
Petitioner
Radhakrishna Mani Tripathi
Respondent
L.H. Patel & Anr
Author
Aftab Alam
Bench
Aftab Alam, Tarun Chatterjee

Judgment text excerpt

The Supreme Court upheld the decision of the Bombay High Court which confirmed the Labour Court's order to recall an ex-parte award under the Industrial Disputes Act, 1947. The Court found that the appellant had suppressed the correct address of the respondent, resulting in non-service of notice, thus violating the principles of natural justice. The Court emphasized that the Labour Court had the authority under Section 11 and Rule 26 of the Bombay Rules to set aside an ex-parte award when sufficient cause for non-appearance is shown, leading to the dismissal of the appeal.

Radhakrishna Mani Tripathi vs L.H. Patel & Anr · Niyam