M/S. OBETTEE PVT. LTD. versus MOHD. SHAFIQ KHAN

M/S. OBETTEE PVT. LTD. versus MOHD. SHAFIQ KHAN

Distinctive features exist between the respondent-workman and others who apologised; the respondent-workman continued to justify his actions and did not tender an unqualified apology or express regret, thus cannot claim discrimination or equality under Article 14.

Parties
Appellant: MIS. OBETIEE PVT. LTD.; Respondent: MOHD. SHAFIQ KHAN
Jurisdiction
India
Judgment Date
23 September 2005
Procedural Posture
Civil Appeal / Final Judgment
Outcome
Appeal allowed
Legal Topics
Termination of Workman, Industrial Disputes, Equality Under Article 14
Labour Law Constitutional Law Termination of Workman Industrial Disputes Equality Under Article 14

Case Brief

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Parties

MIS. OBETIEE PVT. LTD.

Appellant

MOHD. SHAFIQ KHAN

Respondent

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether non-apology by the respondent-workman amounts to implied apology and entitlement to same treatment as other workmen
  2. 2 Whether the distinction made by the Tribunal between workmen who apologised and those who did not is legally sustainable

Ratio Decidendi

Distinctive features exist between the respondent-workman and others who apologised; the respondent-workman continued to justify his actions and did not tender an unqualified apology or express regret, thus cannot claim discrimination or equality under Article 14.

Court Disposition

Appeal allowed

Orders

  • High Court's order set aside
  • No order as to costs