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Supreme Court of India 2018-09-24 allowed

Sikar Kendriya Sahkari Bank Limited vs Bhagirath Singh (Dead) Through L.Rs

Bench: 2 — Abhay Manohar Sapre

In Brief

A cooperative bank appealed after the High Court's Division Bench allowed an employee's writ petition and directed his regularization and payment of consequential benefits. The Supreme Court found that the Division Bench had allowed the appeal ex parte—without hearing the Bank. The Court held that substantial justice requires both parties to be heard before any order is passed against them. Accordingly, the Court set aside the High Court's order and remanded the case for a fresh hearing on merits where the Bank could present its full case and raise all pleas.

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Civil Procedure Natural Justice Procedural Fairness Industrial Law Labour Law Termination of Service Retrenchment

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