Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Industrial Dispute |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Industrial Dispute- Dismissal - Industrial Disputes Act, 1947 (14 of 1917), s. 33. The appellant was charged with gross dereliction of duty. The appellant in answer to the charge sheet admitted the mistakes and contended that he was over-worked and that it was the duty of others also to check the load sheet and balance chart prepared by him. Enquiry was held by the Station Manager to whom the appellant objected on the ground of bias. On the finding• of the enquiry the appellant was dismissed by the Regional Representative of the respondent company and was given one month's wages and was informed that the approval of the action taken was being sought from the Industrial Tribunal before whom some industrial disputes were pending. The order of dismissal was communicated to the appellant on May 30, and the application for approval was made the same day. An application under s. 33 A was made on June 3, 1960, by the appellant challenging the order of dismissal. The appellant objected to the maintainability of the application for approval but the Tribunal accorded approval to the action taken by the respondent and dismissed the application of the appellant under s. 33-A, on appeal by special leave. |
Judge | Honble Mr. Justice K.N. Wanchoo |
Neutral Citation | 1963 INSC 38 |
Petitioner | P. H. KALYANI |
Respondent | M/S. AIR FRANCE CALCUTTA |
SCR | [1964] 2 S.C.R. 104 |
Judgement Date | 1963-02-15 |
Case Number | 419 |
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