Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether termination of service under the standing order, without enquiry or opportunity of hearing, was valid and whether the principles of natural justice had to be read into the standing order.
Analysis: The termination was founded on alleged absence beyond the period specified in the standing order, but no domestic enquiry was held and no opportunity was given to the workman to meet the allegation that he had reported for duty and was prevented from entering the establishment. The statutory scheme and the constitutional mandate were considered together. The definition of retrenchment and the requirement of procedure under the Industrial Disputes Act, 1947, as well as the guarantees under Articles 14 and 21 of the Constitution of India, were treated as requiring a fair, just and reasonable procedure where civil consequences result from termination of employment. A standing order having statutory force cannot be applied in a manner that is arbitrary or unfair.
Conclusion: The principles of natural justice were held to apply to the standing order, and the termination was held invalid for want of notice and enquiry. Relief by reinstatement with partial back wages was granted in favour of the appellant.
Ratio Decidendi: A termination of service that entails civil consequences must comply with the principles of natural justice unless they are expressly or by necessary implication excluded, and a statutory standing order cannot authorise arbitrary deprivation of employment without a fair opportunity of hearing.