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PETITIONER: MARTIN BURN LTD.
Vs.
RESPONDENT: R.N BANERJEE
DATE OF JUDGMENT: 20/09/1957
BENCH: BHAGWATI, NATWARLAL H. BENCH: BHAGWATI, NATWARLAL H. DAS, S.K. GAJENDRAGADKAR, P.B.
CITATION: 1958 AIR 79 1958 SCR 514
ACT: Industrial dispute-Discharge of employee-Application for permission on before Labouy Appellate Tribunal Jurisdiction of the Tribunal-Power to set aside ex-parte order and re- store application--Code of Civil Procedure (Act V of 1908), Or. 41, R. 21 Industrial disputes (Appellate Tribunal) Act, 1950, (XLVIII of 1950), SS. 9(1) (10), 22.
HEADNOTE: The respondent was employed by the appellant company, but later on his work and conduct became very unsatisfactory and repeated warnings, both oral and written, did not show any improvement. A thorough inquiry into his record of service was made and a report was submitted which showed that he was unsuitable to be retained in its service. No formal enquiry, however, was held by submitting a charge- sheet to the respondent and giving him an opportunity to rebut those chares. The appellant gave him a choice either to terminate his services on payment of full retrenchment compensation, or if he refused to accept the same, to make an application for permission to term...