M/S. SCOOTERS INDIA LTD. versus M. MOHAMMAD Y AQUB AND ANR.

M/S. SCOOTERS INDIA LTD. versus M. MOHAMMAD Y AQUB AND ANR.

Removal of respondent's name amounted to retrenchment as he was not allowed to join duty; termination under standing order 9.3.12 without following retrenchment provisions and without complying with principles of natural justice is illegal.

Parties
Appellant: M/S. Scooters India Ltd.; Respondent: M. Mohammad Yaqub; Respondent: Another respondent
Jurisdiction
India
Judgment Date
21 November 2000
Procedural Posture
Civil Appeal / Supreme Court Appeal From Allahabad High Court Judgment Dated 13.5.1998 in W.p. No. 5666 of 1984
Outcome
Appeal dismissed
Legal Topics
Industrial Dispute, Retrenchment, Standing Orders, Termination of Services, Principles of Natural Justice
Labour Law Administrative Law Industrial Dispute Retrenchment Standing Orders Termination of Services Principles of Natural Justice

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Parties

M/S. Scooters India Ltd.

Appellant

M. Mohammad Yaqub

Respondent

Another respondent

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From Allahabad High Court Judgment Dated 13.5.1998 in W.p. No. 5666 of 1984

Legal Issues

  1. 1 Whether removal of workman's name from company roll under standing order amounts to retrenchment
  2. 2 Whether termination under standing order without following retrenchment provisions is valid
  3. 3 Whether principles of natural justice have been complied with

Ratio Decidendi

Removal of respondent's name amounted to retrenchment as he was not allowed to join duty; termination under standing order 9.3.12 without following retrenchment provisions and without complying with principles of natural justice is illegal.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs