SHYAM LAL SHARMA & ORS. versus UNION OF INDIA

SHYAM LAL SHARMA & ORS. versus UNION OF INDIA

The review petitions are dismissed as there is no substance in the grounds urged; the contentions that merits were not heard, and no opportunity was granted, are not sufficient to warrant interference.

Parties
Petitioners: Shyam Lal Sharma & Ors.; Respondent: Union of India
Jurisdiction
India
Judgment Date
08 November 1985
Procedural Posture
Review Petition / Order on Review Petition
Outcome
Review Petitions dismissed (by majority); Dissent by Thakkar, J. to issue notice and hear Review Petitions.
Legal Topics
Article 310(1), Article 311(2)(b), Dismissal From Service, Natural Justice, Workers’ Right to Strike, Jurisdictional Issues
Constitutional Law Labour & Service Law Article 310(1) Article 311(2)(b) Dismissal From Service Natural Justice Workers’ Right to Strike Jurisdictional Issues

Case Brief

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Parties

Shyam Lal Sharma & Ors.

Petitioners

Union of India

Respondent

Procedural Posture

Review Petition / Order on Review Petition

Legal Issues

  1. 1 Whether dismissal/removal of railway employees without inquiry for participating in strike was valid under Articles 310(1) and 311(2)(b)
  2. 2 Whether opportunity to argue individual cases on merit should have been granted before dismissal of petitions
  3. 3 Whether power of pleasure under Article 310(1) can be exercised by lower functionaries of the executive

Ratio Decidendi

The review petitions are dismissed as there is no substance in the grounds urged; the contentions that merits were not heard, and no opportunity was granted, are not sufficient to warrant interference.

Court Disposition

Review Petitions dismissed (by majority); Dissent by Thakkar, J. to issue notice and hear Review Petitions.

Orders

  • Review Petitions dismissed by majority judgment.
  • Dissenting order suggests admission and hearing of Review Petitions.