UPTRON INDIA LTD. versus SHAMMI BHAN AND ANR.

UPTRON INDIA LTD. versus SHAMMI BHAN AND ANR.

Automatic termination of service of a permanent employee for overstaying leave without permission under Certified Standing Orders is invalid unless principles of natural justice (opportunity of hearing) are complied with; such termination amounts to retrenchment under Section 2(oo) of Industrial Disputes Act, 1947 when not related to production and not pursuant to a fixed-term contract.

Parties
Petitioner: UPTRON INDIA LTD.; Respondent: SHAMMI BHAN; Respondent: State Government/Industrial Tribunal
Jurisdiction
India
Judgment Date
06 February 1998
Procedural Posture
Special Leave Petition (civil) / SLP Dismissed at Supreme Court
Outcome
Petition dismissed at SLP stage
Legal Topics
Industrial Employment (standing Orders) Act, 1946, Principles of Natural Justice, Automatic Termination of Service, Retrenchment Under Industrial Disputes Act, Security of Tenure of Permanent Employee, Wrong Concession by Counsel
Labour Law Contract Law Administrative Law Practice and Procedure Industrial Employment (standing Orders) Act, 1946 Principles of Natural Justice Automatic Termination of Service Retrenchment Under Industrial Disputes Act +2 more

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Parties

UPTRON INDIA LTD.

Petitioner

SHAMMI BHAN

Respondent

State Government/Industrial Tribunal

Respondent

Procedural Posture

Special Leave Petition (civil) / SLP Dismissed at Supreme Court

Legal Issues

  1. 1 Whether automatic termination of the services of a permanent employee for overstaying leave without permission is valid under Clause 17(g) of Certified Standing Orders
  2. 2 Whether such termination amounts to retrenchment under Section 2(oo) of Industrial Disputes Act, 1947
  3. 3 Whether principles of natural justice are to be read into provisions for automatic termination in standing orders

Ratio Decidendi

Automatic termination of service of a permanent employee for overstaying leave without permission under Certified Standing Orders is invalid unless principles of natural justice (opportunity of hearing) are complied with; such termination amounts to retrenchment under Section 2(oo) of Industrial Disputes Act, 1947 when not related to production and not pursuant to a fixed-term contract.

Court Disposition

Petition dismissed at SLP stage

Orders

  • Petition dismissed
  • No merit found in Special Leave Petition