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Supreme Court of India 2018-12-04 dismissed

Mahabir Prosad Choudhary vs Octavius Tea and Industries Ltd. and Anr

Bench: 2 — Ashok Bhushan

In Brief

An accountant worked for a company until 2005 when management changes led to his dismissal. The Industrial Tribunal awarded reinstatement and back wages ex-parte after the company failed to appear. The company later sought to recall the award, but the Tribunal rejected it as being filed beyond 30 days from publication. The High Court set aside the award, finding procedural violations. The Supreme Court upheld the High Court, holding that the Tribunal retained jurisdiction to entertain recall applications beyond 30 days and that the non-service of the written statement to the company violated Rule 20B(5) and natural justice principles, necessitating a fresh hearing.

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Labour Law Industrial Disputes Procedure Natural Justice Ex-parte Awards Tribunal Jurisdiction

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