Supreme Court of India
Uptron India Ltd. v. Shammi Bhan and Anr.
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1 Supreme Court bench has cited this judgment.
What the Court ordered
In view of the above, we are of the positive opinion that any clause in the Certified Standing Orders providing for automatic termination of service c of a permanent employee, not directly related to "production" in a Factory or Industrial Estab'lishment, would be bad if it does not purport to provide an opportunity of hearing to the employee whose services are treated to have come to an end automatically.
Judgment, page 13
From the headnote
Labour Law: Industrial Employment (Standing Orders) Act, 1946 : Objects-Employment-Under industrial law-Concept of-Transition c from contract to status under labour law enactment-Explained Contract Act, 1872 : General principles-Service contracts-Terms and conditions- Applicability of-Stated-Confirmation-Held : Guarantees security of tenure-Hence, services of a permanent employee in an establishment, which is 'State' under Art. 12 cannot be terminated abruptly and arbitrarily by giving a simple notice-Constitution of India, 19.50, Art. 12. Unauthorised absence-Automic termination of
Where later benches applied it
Of those, 1 referred to
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