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PETITIONER: ASSAM OIL COMPANY
Vs.
RESPONDENT: ITS WORKMEN
DATE OF JUDGMENT: 04/04/1960
BENCH: GAJENDRAGADKAR, P.B. BENCH: GAJENDRAGADKAR, P.B. GUPTA, K.C. DAS
CITATION: 1960 AIR 1264 1960 SCR (3) 457 CITATOR INFO : R 1963 SC 411 (3) D 1966 SC1051 (5,7) RF 1967 SC1182 (15) E 1970 SC1401 (10,81) R 1971 SC2171 (6) R 1973 SC2634 (6,8) RF 1980 SC1896 (127) R 1982 SC1062 (4)
ACT: Industrial Dispute-Termination of service in accordance with contract-If can be questioned before industrial tribunal- Termination on basis of misconduct of workman-If amounts to dismissal No enquiry-Reinstatement if appropriate relief.
HEADNOTE: One S was employed by the appellant as a secretary and one of the terms of employment was that the appointment may be terminated on one month’s notice on either side. The appel- lant was thoroughly dissatisfied with the work of S and dis- approved of her conduct in joining the union. Purporting to act under the contract, the appellant terminated the services of S and gave her one month’s pay in lieu of notice. No enquiry was held by the appellant before terminating the services of S. The industrial tribunal held that the termination of services amounted to a dismissal for misconduct and since no enquiry was held it was illegal a...