SYNDICATE BANK LTD. versus K. R. V. BHAT

SYNDICATE BANK LTD. versus K. R. V. BHAT

Compliance with Section 33(2)(b) is required only at the time of the original order of dismissal, not after disposal of an internal appeal. Since the order of dismissal was passed before the industrial dispute was referred, there was no contravention of Section 33, and the complaint under Section 33A is not...

Source-derived case information.

Parties
Appellant: Syndicate Bank Ltd.; Respondent: K. R. V. Bhat
Jurisdiction
India
Judgment Date
22 August 1967
Procedural Posture
Civil Appeal / Appeal by Special Leave From Award of Industrial Tribunal
Outcome
Appeal allowed
Legal Topics
Industrial Disputes, Employee Dismissal, Section 33 of Industrial Disputes Act
Labour Law Industrial Disputes Employee Dismissal Section 33 of Industrial Disputes Act

Source-derived case record

Summary, issues, holding and outcome

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Parties

Syndicate Bank Ltd.

Appellant

K. R. V. Bhat

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Award of Industrial Tribunal

Legal Issues

  1. 1 Effective date of dismissal for purposes of Section 33 of Industrial Disputes Act
  2. 2 Whether compliance with Section 33(2)(b) was required if order of dismissal preceded the reference of dispute

Ratio Decidendi

Compliance with Section 33(2)(b) is required only at the time of the original order of dismissal, not after disposal of an internal appeal. Since the order of dismissal was passed before the industrial dispute was referred, there was no contravention of Section 33, and the complaint under Section 33A is not maintainable.

Court Disposition

Appeal allowed

Orders

  • Award of Industrial Tribunal set aside
  • Application filed by respondent dismissed