D.K. YADAV versus J.M.A. INDUSTRIES LTD.

D.K. YADAV versus J.M.A. INDUSTRIES LTD.

Management action terminating appellant's service under Clause 13(2)(iv) of Certified Standing Orders without providing an opportunity to be heard or conducting a domestic enquiry is violative of principles of natural justice and thus violates Articles 14 and 21; these principles must be read into the certified standing orders.

Parties
Appellant: D.K. Yadav; Respondent: J.M.A. Industries Ltd.
Jurisdiction
India
Judgment Date
07 May 1993
Procedural Posture
Civil Appeal / Appeal Against Labour Court Award
Outcome
Appeal allowed
Legal Topics
Termination of Service, Principles of Natural Justice, Certified Standing Orders, Retrenchment, Right to Livelihood, Fair Procedure
Constitutional Law Labour Law Administrative Law Termination of Service Principles of Natural Justice Certified Standing Orders Retrenchment Right to Livelihood +1 more

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Parties

D.K. Yadav

Appellant

J.M.A. Industries Ltd.

Respondent

Procedural Posture

Civil Appeal / Appeal Against Labour Court Award

Legal Issues

  1. 1 Whether termination of service under certified standing orders without a domestic enquiry violates principles of natural justice and Articles 14 and 21
  2. 2 Whether principles of natural justice are to be read into Clause 13(2)(iv) of Certified Standing Orders
  3. 3 Scope of 'retrenchment' under Industrial Disputes Act, 1947

Ratio Decidendi

Management action terminating appellant's service under Clause 13(2)(iv) of Certified Standing Orders without providing an opportunity to be heard or conducting a domestic enquiry is violative of principles of natural justice and thus violates Articles 14 and 21; these principles must be read into the certified standing orders.

Court Disposition

Appeal allowed

Orders

  • Labour Court award set aside
  • Management's letter of termination dated December 12, 1980 quashed