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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 bank terminated a clerk's services in 1979. A Labour Court found the termination illegal and ordered reinstatement with back wages. The employee then sought additional relief (regularization and seniority benefits) in civil court and writ petition. The High Court's Division Bench allowed the employee's appeal and granted these reliefs, but did so without hearing the bank. The Supreme Court held that substantial justice requires the affected party to be heard before an adverse order is passed. The Court set aside the Division Bench's order and remanded the case for fresh consideration on merits with both parties present.

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Labour Law Industrial Disputes Termination of Service Retrenchment Procedural Justice Right to Hearing

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