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 Allowed |
Headnote | Industrial Dispute -Termination of service of an employee an payment of one month's salary in lieu of notice-Order of termination purported ta be discharge under R. 40 (1) of Service Rules-Jurisdiction of the Tribunal to examine whether it amouns to a discharge or dismissal. Mr. Banerjee was an employee of the appellant. His services were terminated on the ground that the appellant had lost confidence in him and in lieu of notice he was paid one month's salary. The union to which Mr. Banerjee belonged took up his cause and on the failure of the parties to reach a settlement the matter was referred to the Industrial Tribunal by the Government. The appellant contended before the Tribunal that the order of termination of service of Mr. Banerjee was an order of discharge which it was competent to make under R. 40 (1) of the Service Rules. It was contended by the respondent that the termination was not a discharge simpliciter but was in substance dismissal and that the Tribunal was entitled to consider the propriety of the appellant's action. The Tribunal held that it had jurisdiction to look into the reasons behind the discharge of an employee. On the examination of the evidence the Tribunal found that no malafides on the part of the employer had been proved and that the termination of service did not amount to victimisation or unfair labour practice. Even so it held that the discharge was not justified and directed the reinstatement of Mr. Banerjee. The present appeal is by way of special leave. Before this Court, in addition to the above contention the appellants contented that in the light of the evidence before the Tribunal its finding that the discharge was not justified, was wrong. |
Judge | Honble Mr. Justice P.B. Gajendragadkar |
Neutral Citation | 1963 INSC 40 |
Petitioner | The Tata Oil Mills Co., Ltd. |
Respondent | Workmen & Anr. |
SCR | [1964] 2 S.C.R. 125 |
Judgement Date | 1963-02-15 |
Case Number | 322 |
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