Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1947-s. 33 (2) (b) and proviso theret~ Industrial Disputes Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Industrial Disputes Act, 1947 - s. 33 (2) (b) and proviso thereto - Dismissal of employee - During pendency of Industrial Dispute - Dismissal order indicating filing of application u/s 33 (2) (b) in view of pendency of the dispute - Dismissal order upheld by Industrial Tribunal - Single Judge and Division Bench of High Court held the employee entitled to re-instatement with full back wages - On appeal, held: Order of reinstatement justified - In the facts of the case quantum of back wages restricted to Rs.two lakhs - Employer is permitted to take action in terms of s. 33 (2) (b). Respondent-employee was dismissed from service by the employer-Bank. Dismissal order indicated that in view of the pendency of an industrial dispute an application u/s 33 (2) (b) of Industrial Disputes Act, 1947 was being filed for approval of the action taken by the appellant-Bank. Respondent raised an industrial dispute, wherein the question referred to the Industrial Tribunal was the legality and validity of order of dismissal pending the proceeding in the Labour Court for non-compliance of the provisions of Section 33 (2) (b). The Tribunal upheld the dismissal order. In the Writ Petition thereagainst Single Judge of High Court held that the employee was entitled to reinstatement with full back wages. The order of Single Judge was upheld by Division Bench of High Court.In appeal to this Court appellant-Bank interalia contended that payment of full back wages was not justified, and that the Bank should be granted liberty to take action u/s 33 (2) (b). |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2007 INSC 872 |
Petitioner | United Bank Of India |
Respondent | Sidhartha Chakraborty |
SCR | [2007] 9 S.C.R. 498 |
Judgement Date | 2007-08-27 |
Case Number | 2001 |
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