Supreme Court of India · 2018-12-04
Mahabir Prosad Choudhary vs M/S Octavius Tea And Industries Ltd. And ...
- Citation / case number
- AIR 2019 SUPREME COURT 471
- Court
- Supreme Court of India
- Petitioner
- Mahabir Prosad Choudhary
- Respondent
- M/S Octavius Tea And Industries Ltd. And ...
- Author
- Ashok Bhushan
- Bench
- A.K. Sikri, Ashok Bhushan, S. Abdul Nazeer
Judgment text excerpt
The Supreme Court upheld the decision of the Industrial Tribunal which had awarded reinstatement with full back wages to the appellant, an accountant, after finding that the company failed to appear during the proceedings, thus violating principles of natural justice as per Rule 20B(5) and Rule 21 of the West Bengal Industrial Disputes Rules, 1958. The Court emphasized that the company’s application to recall the ex-parte award was filed beyond the stipulated time frame, and the Tribunal's decision was justified. The appeal against the Calcutta High Court's dismissal of the appellant's appeal was therefore dismissed, affirming the Tribunal's award.