DELHI CLOTH AND GENERAL MILLS COMPANY LIMITED Vs. KUSHAL BHAN
LAWS(SC)-1960-3-32
SUPREME COURT OF INDIA
Decided on March 10,1960

DELHI CLOTH AND GENERAL MILLS COMPANY LIMITED Appellant
VERSUS
KUSHAL BHAN Respondents


Referred Judgements :-

BIMAL KANTA MUKHERJEE V. M/S. NEWSMAN'S PRINTING WORKS [REFERRED]



Cited Judgements :-

TEXMACO LTD VS. ARUN KUMAR SHARMA [LAWS(DLH)-1990-5-19] [REFERRED]
HARINDER JIT SINGH WALIA VS. STATE [LAWS(DLH)-1999-11-44] [REFERRED TO]
VINOD KUMAR VS. GOVT OF NCT OF DELHI [LAWS(DLH)-2002-4-118] [REFERRED]
R S NEGI VS. DDA [LAWS(DLH)-2010-1-54] [REFERRED TO]
RADHEY SHYAM PANDEY VS. STATE OF U P [LAWS(ALL)-1999-12-41] [REFERRED TO]
VIKRAMA SINGH VS. UNION OF INDIA [LAWS(ALL)-2001-1-40] [REFERRED TO]
U S SINHA DR VS. STATE OF U P [LAWS(ALL)-2003-7-20] [REFERRED TO]
RAVINDRA RAI VS. STATE OF U P [LAWS(ALL)-2003-8-173] [REFERRED TO]
ABHAI RAJ SINGH VS. BANK OF BARODA [LAWS(ALL)-2005-1-159] [REFERRED TO]
CONSTABLE - 2051 C P JAGANNATH PRASAD SHARMA VS. STATE OF U P [LAWS(ALL)-2005-2-187] [REFERRED TO]
KAILASH CHANDRA KHACHERU GIRI VS. STATE OF U P [LAWS(ALL)-2005-3-79] [REFERRED TO]
BHARAT LAL LATE BAHRAICH EXECUTIVE ENGINEER CONSTRUCTION DIVISION VS. STATE OF U P [LAWS(ALL)-2005-3-75] [REFERRED TO]
RAM BABU VS. STATE OF U P [LAWS(ALL)-2005-8-47] [REFERRED TO]
ASHOK KUMAR SRIVASTAVA VS. U P PUBLIC SERVICES TRIBUNAL STATE OF U P [LAWS(ALL)-2005-11-12] [REFFERED TO]
KAPUR CHAND VS. INSPECTOR-GENERAL OF POLICE [LAWS(HPH)-1961-12-1] [REFERRED TO]
BIMALENDU BHAGABATI VS. ASSAM GOVERNMENT CONSTRUCTION CORPORATION LIMITED [LAWS(GAU)-1995-6-16] [REFERRED TO]
RAMA SHANKAR KUSHWAHA VS. BANK OF BARODA BRANCH NICHI BAGH [LAWS(ALL)-2006-4-146] [REFERRED TO]
VIRENDRA AMERIA VS. REGIONAL MANAGER U P ROAD TRANSPORT CORPORATION [LAWS(ALL)-2009-12-45] [REFERRED TO]
RAMAKRISHNA V A VS. BANK OF MAHARASHTRA [LAWS(APH)-1996-3-27] [REFERRED TO]
G PENTAYYA REDDY VS. CHIEF SUPERINTENDENT VISAK STEEL PLANT [LAWS(APH)-2000-3-4] [REFERRED TO]
SK AHMED VS. LABOUR COURT GUNTUR [LAWS(APH)-2000-12-38] [REFERRED TO]
A D S SARMA VS. DEPUTY REGISTRAR OF CO OPERATIVE SOCIETY AMALAPURAM E G DISTRICT [LAWS(APH)-2002-7-78] [REFERRED TO]
MANAGING DIRECTOR STATE BANK OF HYDRABAD VS. P KATA RAO [LAWS(APH)-2007-6-88] [REFERRED TO]
M RAMESH VS. LABOUR COURT [LAWS(APH)-2009-4-92] [REFERRED TO]
DWIJENDRA MOHAN BANERJEE VS. STATE OF WEST BENGAL [LAWS(CAL)-1967-8-6] [REFERRED TO]
AMARENDRA NATH PAN VS. UNION OF INDIA [LAWS(CAL)-1988-8-33] [REFERRED TO]
APEEJAY PVT LTD VS. RAGHAVACHARI NARASINGHAM [LAWS(CAL)-1989-7-19] [REFERRED TO]
KALYAN KUMAR DUTTA GUPTA VS. B M VERMA [LAWS(CAL)-1994-4-9] [REFERRED TO]
APEEJAY PRIVATE LIMITED VS. RAGHAVACHARI NARASINHAN [LAWS(CAL)-1996-6-13] [REFERRED TO]
RAM KR TEWARI VS. ASSTT GENERAL MANAGER CCR BANK OF BARODA [LAWS(CAL)-1996-8-10] [REFERRED TO]
LORD KRISHNA TEXTILE MILLS VS. ITS WORKMEN [LAWS(SC)-1960-12-50] [REFERRED TO]
TATA OIL MILLS COMPANY LIMITED VS. WORKMEN [LAWS(SC)-1964-3-29] [REFERRED TO]
KUSHESHWAR DUBEY VS. BHARAT COKING COAL LIMITED [LAWS(SC)-1988-9-32] [RELIED ON]
STATE OF RAJASTHAN VS. B K MEENA [LAWS(SC)-1996-9-89] [RELIED ON]
DEPOT MANAGER A P STATE ROAD TRANSPORT CORPORATION VS. MOHAMMAD YOUSUF MIYA [LAWS(SC)-1996-11-187] [REFERRED TO]
M PAUL ANTHONY VS. BHARAT GOLD MINES LIMITED [LAWS(SC)-1999-3-144] [RELIED ON]
INDIAN OVERSEAS BANK VS. P GANESAN [LAWS(SC)-2007-11-68] [REFERRED TO]
DIVISIONAL CONTROLLER VS. M G VITTAL RAO [LAWS(SC)-2011-11-34] [REFERRED TO]
ASI RAVINDER KUMAR VS. UNION OF INDIA [LAWS(DLH)-2010-1-81] [REFERRED TO]
TALLURI SRINIVAS VS. INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA [LAWS(DLH)-2010-11-72] [REFERRED TO]
R K MACHINE TOOLS LTD VS. UNION OF INDIA [LAWS(DLH)-2011-7-392] [REFERRED TO]
RAKESH KUMAR VS. UNION OF INDIA [LAWS(DLH)-2012-5-475] [REFERRED TO]
GIRISHCHANDRA SURYAKANT SHUKLA VS. STATE BANK OF INDIA [LAWS(GJH)-1997-10-10] [REFERRED]
NEW VICTORIA MILLS CO LTD VS. PRESIDING OFFICER LABOUR COURT [LAWS(ALL)-1968-12-12] [REFERRED TO]
KAILASH CHANDRA II VS. STATE OF U P [LAWS(ALL)-2005-4-44] [REFERRED TO]
BHIM SEN DATTA VS. CHAIRMAN-CUM-MANAGING DIRECTOR HIMACHAL [LAWS(HPH)-1994-11-1] [REFERRED TO]
LALSANGLORA VS. STATE OF MIZORAM [LAWS(GAU)-2008-7-7] [REFERRED TO]
JHULAN SINGH VS. D C GHATAK [LAWS(CAL)-1961-2-4] [REFERRED TO]
ADMINISTRATOR MUNICIPAL CORPORATION VS. RAFIQUE AHMAD [LAWS(MPH)-1974-10-3] [REFERRED TO]
CHANDRAKANTH NARAYAN NAYAK VS. DEPUTY COMMISSIONER FOR TRANSPORT BELGAUM [LAWS(KAR)-1986-1-48] [REFERRED TO]
R J DIVEKAR VS. UNION OF INDIA UOI [LAWS(MPH)-1983-12-12] [REFERRED TO]
SRIDHARA KUMAR VS. K RAMACHANDRAPPA [LAWS(KAR)-1988-1-14] [REFERRED TO]
R N KALYANI VS. SUPERINTENDING ENGINEER ELEC [LAWS(KAR)-1988-8-57] [REFERRED TO]
ANGLO-AMERICAN DIRECT TEA TRADING COMPANY LTD VS. LABOUR COURT [LAWS(MAD)-1970-2-13] [REFERRED TO]
ORISSA AGRO INDUSTRIES CORPORATION VS. BHIMSEN MAHARANA [LAWS(ORI)-1989-5-12] [REFERRED TO]
RAMKRISHNA CHAURASIA VS. M P S R T C [LAWS(MPH)-1994-7-8] [REFERRED TO]
P K RAJAPPAN PILLAI VS. STATE OF KERALA [LAWS(KER)-1972-10-23] [REFERRED TO]
N SHIVALINGAIAH VS. KARNATAKA STATE CO OPERATIVE MARKETING FEDERATION LIMITED BANGALORE [LAWS(KAR)-1995-7-2] [FOLLOWED ON]
KAJAL KUMAR DAS VS. KUDREMUKH IRONORE COMPANY LIMITED BANGALORE [LAWS(KAR)-1995-9-24] [REFERRED TO]
M VENKATESH VS. HINDUSTAN MACHINE TOOLS LIMITED BANGALORE [LAWS(KAR)-1996-3-14] [FOLLOW ON ,FOLL.; 3.]
P RAVIDAS KAMATH VS. SYNDICATE BANK MANIPAL [LAWS(KAR)-1997-2-25] [REFERRED TO]
CHITRADURGA GRAMIN BANK VS. P SHIVA KUMAR [LAWS(KAR)-1999-9-43] [REFERRED TO]
K BABU VS. UNION OF INDIA UOI [LAWS(KER)-1986-1-9] [REFERRED TO]
BHASKAR MONDAL VS. UCO BANK [LAWS(CAL)-2002-4-35] [REFERRED TO]
ALBERT DAVIT LIMITED VS. ANURADHA CHOUDHURY [LAWS(CAL)-2003-11-48] [REFERRED TO]
R P RAMAJAYAM VS. TAMIL NADU CEMENTS CORPORATION LTD [LAWS(MAD)-1993-7-20] [REFERRED TO]
ASHOK KUMAR KAHAR VS. MPSEB [LAWS(MPH)-2007-1-2] [REFERRED TO]
JAYATI BANERJEE VS. UNITED BANK OF INDIA [LAWS(CAL)-2004-8-30] [REFERRED TO]
SWAPAN KUMAR MAITY VS. SOUTH EASTERN RAILWAY [LAWS(CAL)-2006-8-80] [REFERRED TO]
POKKEN VS. BHAGAVATI TEA ESTATES LIMITED [LAWS(KER)-2000-12-33] [REFERRED TO]
RAMAKRISHNAN VS. CANARA BANK [LAWS(KER)-2005-2-17] [REFERRED TO]
COCHIN SHIPYARD LTD VS. INDUSTRIAL TRIBUNAL [LAWS(KER)-2006-4-21] [REFERRED TO]
SUMANGAL VEERBAHADUR RANA VS. STATE OF MAHARASHTRA [LAWS(BOM)-1998-7-19] [REFERRED TO]
RAJKUMAR VS. ASSISTANT COMMISSIONER OF POLICE [LAWS(MAD)-2006-1-80] [REFERRED TO]
Indian Overseas Bank VS. P Ganesan [LAWS(MAD)-2006-2-64] [REFERRED TO]
SHAILENDRA SAHEDEO MONDKAR VS. UNION OF INDIA [LAWS(BOM)-2005-3-81] [REFERRED TO]
ANUPAMA NAIK VS. STANDARD CHARTERED BANK [LAWS(BOM)-2007-6-100] [REFERRED TO]
DEPUTY INSPECTOR GENERAL OF POLICE VS. P SHANMUGASUNDARAM [LAWS(MAD)-2008-8-13] [REFERRED TO]
SUKHDEO THAKUR VS. J W S ATKIN [LAWS(PAT)-1964-2-8] [REFERRED TO]
Jagdish Prasad Khatri VS. State of Rajasthan [LAWS(RAJ)-1979-7-8] [REFERRED TO]
SARITA KUMARI VS. PUNJAB STATE ELECTRICITY BOARD [LAWS(P&H)-1994-12-17] [REFERRED TO]
BIKRAM PURTI VS. UNION OF INDIA [LAWS(PAT)-1993-9-8] [REFERRED TO]
GHANSHYAM LAL VS. STATE OF RAJASTHAN [LAWS(RAJ)-1992-2-44] [REFERRED TOSC ,]
YASIN KHAN VS. O N G C [LAWS(RAJ)-1993-2-26] [REFERRED TO]
D R KALLA VS. STATE OF RAJASTHAN [LAWS(RAJ)-1997-10-16] [REFERRED TO]
SITARAM CHOUDHARY VS. STATE OF BIHAR [LAWS(PAT)-2002-7-1] [REFERRED TO]
AJAY KUMAR PRASAD VS. BIHAR STATE ELECTRICITY BOARD [LAWS(PAT)-2003-4-102] [REFERRED TO]
AJAY KUMAR PRASAD VS. BIHAR STATE ELECTRICITY BOARD [LAWS(PAT)-2003-4-102] [REFERRED TO]
GUMAN SINGH BARATH VS. STATE OF RAJASTHAN [LAWS(RAJ)-2002-2-10] [REFERRED TO]
DHANNA RAM VS. R S R T C [LAWS(RAJ)-2002-3-54] [REFERRED TO]
NATIONAL INSURANCE COMPANY LTD VS. SUNIL KUMAR [LAWS(DLH)-2011-3-221] [REFERRED TO]
SUBRAMANI GOPALAKRISHNAN VS. INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA [LAWS(DLH)-2011-5-104] [REFERRED TO]
NEW VICTORIA MILLS CO LTD VS. PRESIDING OFFICER LABOUR COURT [LAWS(ALL)-1968-7-5] [REFERRED TO]
OM PRAKASH VS. PRESIDING JUDGE H P INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT [LAWS(HPH)-2012-7-56] [REFERRED TO]
SATISH KUMAR VS. ASSOCIATED CEMENT COMPANIES LTD [LAWS(HPH)-2012-7-57] [REFERRED TO]
UTPAL RAJKONWAR VS. OFFICE OF THE DIBRUGARH UNIVERSITY [LAWS(GAU)-2003-9-9] [REFERRED TO]
RAMVIR SINGH TOKAS VS. UNION OF INDIA [LAWS(ALL)-2010-7-151] [REFERRED TO]
K RAMA KRISHNA RAJU VS. GOVT. OF A.P REP BY ITS PRO SECRETARY [LAWS(APH)-2011-12-48] [REFERRED TO]
CYRILL DSOUZA VS. VIJAY BANK [LAWS(CAL)-2000-6-7] [REFERRED TO]
JOSE MATHEW VS. KERALA STATE INDUSTRIAL ENTERPRISES [LAWS(KER)-2000-3-1] [REFERRED TO]
M VINCENT PAUL SALEM VS. CHIEF EDUCATIONAL OFFICER SALEM [LAWS(MAD)-2002-3-96] [REFERRED TO]
R N PRASAD VS. INDIAN OVERSEAS BANK [LAWS(MAD)-2011-9-273] [REFERRED TO]
P CHINNADURAI VS. INSPECTOR GENERAL OF REGISTRATION CHENNAI [LAWS(MAD)-2012-1-259] [REFERRED TO]
STATE OF BIHAR VS. RAM LAKHANSINGH [LAWS(PAT)-1996-11-38] [REFERRED TO]
HARI SINGH MATHUR VS. STATE OF RAJASTHAN [LAWS(RAJ)-2003-9-16] [REFERRED TO]
HAKUMAT RAI VS. ORIENTAL INSURANCE CO LTD [LAWS(RAJ)-2005-11-40] [REFERRED TO]
SURAJ PRAKASH VS. JUDGE LABOUR COURT KOTA [LAWS(RAJ)-2007-3-29] [REFERRED TO]
GHANSHYAM DAS MOOLRAJANI VS. ENFORCEMENT DIRECTORATE [LAWS(RAJ)-2007-4-70] [REFERRED TO]
POKKEN VS. JESSIE ESTATE [LAWS(KER)-2000-12-50] [REFERRED TO]
VISHNU PAL SINGH VS. DELHI TOURISM AND TRANSPORTATION DEVELOPMENT CORPORATION [LAWS(DLH)-2013-7-340] [REFERRED TO]
J. K. COTTON SPINNING AND WEAVING COMPANY, LIMITED VS. WORKMEN [LAWS(SC)-1965-4-37] [REFERRED TO]
UNION OF INDIA VS. ASHOK KUMAR AGGARWAL [LAWS(SC)-2013-11-51] [REFERRED TO]
DEENA NATH VISHWAKARMA VS. STATE OF U.P. [LAWS(ALL)-2014-1-49] [REFERRED TO]
AJAY KUMAR PRASAD VS. BIHAR STATE ELECTRICITY BOARD [LAWS(PAT)-2003-4-157] [REFERRED TO]
SHAMSHER SINGH SON OF LATE SHRI DINA NATH, RESIDENT OF VILLAGE PADYOLA VS. STATE OF HIMACHAL PRADESH THROUGH SECRETARY [LAWS(HPH)-2012-3-156] [REFERRED TO]
RAJDEV SINGH JASROTIA VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2011-12-78] [REFERRED TO]
RAJDEV SINGH JASROTIA VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2011-12-78] [REFERRED TO]
SUKH DEV BHARAJ VS. NATIONAL HYDRO ELECTRIC POWER CORPORATION LTD. [LAWS(HPH)-1990-1-3] [REFERRED TO]
NAGENDRA VS. STATE OF BIHAR [LAWS(PAT)-2009-3-158] [REFERRED TO]
A.R. Kavi VS. Karnataka Agro Industrial Corporation Ltd. and others [LAWS(KAR)-1992-11-55] [REFERRED TO]
C. VARADAPPAN VS. REVENUE DIVISIONAL OFFICER, DHARMAPURI [LAWS(MAD)-2013-10-162] [REFERRED TO]
UNION OF INDIA VS. RABINDRA BEHERA [LAWS(ORI)-2009-3-61] [REFERRED TO]
PRASANNA KUMAR RATHA VS. DISTRICT JUDGE [LAWS(ORI)-2008-12-62] [REFERRED TO]
JAYALAKSHMI VS. STATE OF TAMIL NADU [LAWS(MAD)-2014-10-1] [REFERRED TO]
NASEEM FIRDOUS VS. STATE OF J&K [LAWS(J&K)-1998-8-23] [REFERRED TO]
NASEEMA FIRDOUS VS. STATE OF J&K [LAWS(J&K)-1998-8-35] [REFERRED TO]
HINDUSTAN AERONAUTICS EMPLOYEES ASSOCIATION, REPRESENTED THROUGH ITS, GENERAL SECRETARY, KOROAPUT DIVISION AND ANR. VS. HINDUSTAN AERONAUTICS LIMITED, KORAPUT DIVISION, REPRESENTED THROUGH ITS GENERAL MANAGER AND ANR. [LAWS(ORI)-1989-12-12] [REFERRED TO]
SUBRATA BASU VS. THE STATE OF BIHAR AND ORS. [LAWS(PAT)-2012-5-105] [REFERRED TO]
M.P. SHARMA VS. DISTRICT AND SESSIONS JUDGE AND OTHERS [LAWS(MPH)-2002-5-112] [REFERRED TO]
THE STATE OF HARYANA VS. OM PARKASH [LAWS(P&H)-1968-9-22] [REFERRED TO]
A.N. MAKWANA VS. UNION OF INDIA [LAWS(CA)-2014-5-5] [REFERRED TO]
VED PARKASH VOHRA VS. THE STATE OF PUNJAB [LAWS(P&H)-1964-8-21] [REFERRED TO]
SRI RUPESWAR DUTTA VS. OIL INDIA LTD. AND ORS. [LAWS(GAU)-1989-11-12] [REFERRED TO]
SANJEEV NAYAN MISHRA VS. STATE OF U P [LAWS(ALL)-2015-4-95] [REFERRED TO]
BRIJ BHUSHAN DWIVEDI VS. DEPUTY CHIEF, EXECUTIVE OFFICER KHADI AND VILLAGE INDUSTRIES COMMISSION AND ORS. [LAWS(ALL)-1984-12-66] [REFERRED TO]
DARSHAN KUMAR GUPTA VS. PUNJAB NATIONAL BANK AND ANR. [LAWS(P&H)-2002-10-131] [REFERRED TO]
PREM CHAND BICHHAL VS. STATE OF HARYANA AND ORS. [LAWS(P&H)-2003-4-140] [REFERRED TO]
S.C. RETHISH KUMAR VS. THE DISTRICT COLLECTOR, KANYAKUMARI DISTRICT AND ORS. [LAWS(MAD)-2015-6-277] [REFERRED TO]
NAGARAJAN VS. THE DISTRICT MANAGER, TASMAC (RETAIL VENDING) [LAWS(MAD)-2015-6-342] [REFERRED TO]
R. JAMUNA PETCHIYAMMAL AND ORS. VS. THE PRINCIPAL SECRETARY, THE STATE PROJECT DIRECTOR AND ORS. [LAWS(MAD)-2015-6-365] [REFERRED TO]
B. SELVAN VS. THE MANAGING DIRECTOR AND ORS. [LAWS(MAD)-2015-6-371] [REFERRED TO]
K. ANNADURAI VS. THE DEPUTY INSPECTOR GENERAL OF POLICE AND ORS. [LAWS(MAD)-2015-7-162] [REFERRED TO]
A. MURUGESAN VS. THE SUPERINTENDING ENGINEER, TANGEDCO AND ORS. [LAWS(MAD)-2015-6-411] [REFERRED TO]
R. RAMASUNDARAM VS. THE DISTRICT COLLECTOR, TRICHY DISTRICT [LAWS(MAD)-2015-6-453] [REFERRED TO]
S. CHANDRAMOHAN VS. THE DIRECTOR GENERAL OF POLICE, CHENNAI AND ORS. [LAWS(MAD)-2015-6-463] [REFERRED TO]
T. THIRUSELVAN VS. THE JOINT DIRECTOR OF SCHOOL EDUCATION (PERSONAL) AND ORS. [LAWS(MAD)-2015-4-356] [REFERRED TO]
S. SOMACHANDRASEKARAN VS. THE GENERAL MANAGER, TAMIL NADU STATE TRANSPORT CORPORATION (TIRUNELVELI) LTD. AND ORS. [LAWS(MAD)-2015-4-430] [REFERRED TO]
VINOD KUMAR VS. GOVT. OF NCT OF DELHI AND ORS. [LAWS(DLH)-2002-4-188] [REFERRED TO]
BIMALENDU BHAGABATI VS. ASSAM GOVERNMENT CONSTRUCTION CORPORATION LIMITED AND TWO ORS. [LAWS(GAU)-1995-2-41] [REFERRED TO]
SRI A.X.EDWIN S/O LATE A.M.XAVIER VS. STATE BANK OF HYDERABAD [LAWS(APH)-2016-1-9] [REFERRED TO]
KOTA JOJI VS. THE RAILWAY PROTECTION FORCE (RPF) AND ORS. [LAWS(APH)-2015-11-21] [REFERRED TO]
TECH SMART INDIA P. LTD. VS. L1 IDENTITY SOLUTIONS OPERATING CO. P. LTD. [LAWS(APH)-2015-9-77] [REFERRED TO]
AWADHESH KUMAR MANDAL VS. THE STATE OF BIHAR AND ORS. [LAWS(PAT)-2016-2-37] [REFERRED TO]
AWADHESH KUMAR MANDAL VS. THE STATE OF BIHAR AND ORS. [LAWS(PAT)-2016-2-37] [REFERRED TO]
MOHAMMAD AHMAD SIDDIQUI VS. THE PROVINCIAL COOPERATIVE UNION LTD., LUCKNOW AND OTHERS [LAWS(ALL)-1967-9-37] [REFERRED TO]
VIJAY KUMAR EKKA AND ANOTHER VS. STATE OF M. P. [LAWS(MPH)-2002-4-133] [REFERRED TO]
NARAIN LAL SAIN VS. STATE OF RAJASTHAN AND OTHERS [LAWS(RAJ)-1998-2-91] [REFERRED TO]
PURSHOTTAM LAL AND ANOTHER VS. STATE OF RAJASTHAN AND OTHERS [LAWS(RAJ)-1999-1-68] [REFERRED TO]
PRAVINCHANDRA THAKARLAL JADAV VS. STATE OF GUJARAT & ORS [LAWS(GJH)-2016-8-105] [REFERRED]
SHRI D. D. SEHGAL VS. PUNJAB NATIONAL BANK AND OTHERS [LAWS(P&H)-1981-5-58] [REFERRED TO]
PREM SINGH VS. STATE OF HARYANA AND OTHERS [LAWS(P&H)-2006-10-566] [REFERRED]
M.MURUGAN VS. THE DEPUTY INSPECTOR GENERAL OF POLICE [LAWS(MAD)-2017-1-119] [REFERRED TO]
G. LINGARAJA VS. THE GENERAL MANAGER, THE TAMIL NADU STATE TRANSPORT CORPORATION(MADURAI) LIMITED [LAWS(MAD)-2017-2-11] [REFERRED TO]
HADOTI KSHETRIYA GRAMIN BANK VS. GOVINDLAL [LAWS(RAJ)-2000-3-83] [REFERRED TO]
ROHTAS VS. COMMISSIONER OF POLICE, FARIDABAD AND OTHERS [LAWS(P&H)-2013-7-1072] [REFERRED]
JOGENDRA PAL (DIED) THROUGH HIS LEGAL HEIRS SMT. MAMTA DEVI AND FOUR OTHERS VS. STATE OF U.P. THROUGH SECRETARY HOME (POLICE) U.P. CIVIL SECRETARIAT, LUCKNOW AND OTHERS [LAWS(ALL)-2017-1-105] [REFERRED TO]
VINOD BEHARI DIXIT VS. UNITED COMMERCIAL BANK [LAWS(CAL)-1979-5-29] [REFERRED]
ANTONY FARIA VS. SECRETARY, COUNCIL FOR INDIAN SCHOOL CERTIFICATE EXAMINATION & ORS [LAWS(DLH)-1996-4-65] [REFERRED]
M. SIDDAPPA & ORS. VS. INDIAN INSTITUTE OF MANAGEMENT & ORS. [LAWS(KAR)-1988-2-39] [REFERRED TO]
DENA BANK VS. AMIYA KUMAR DEY [LAWS(CAL)-1988-4-49] [REFERRED TO]
SOBRAN SINGH JATAV VS. THE STATE OF MADHYA PRADESH [LAWS(MPH)-2017-8-19] [REFERRED TO]
UNION OF INDIA VS. DHULESWAR PATI [LAWS(ORI)-2006-9-61] [REFERRED TO]
C T KASIRAJAN VS. JOINT DIRECTOR KALLAR RECLAMATION [LAWS(MAD)-2017-2-355] [REFERRED TO]
DIVISIONAL CONTROLLER, G.S.R.T.C. VS. SANJAYKUMAR SHYAMJIBHAI PARMAR AND ANOTHER [LAWS(GJH)-2017-2-251] [REFERRED TO]
S JEYARAMAN VS. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, THOOTHUKUDI REGION [LAWS(MAD)-2017-2-433] [REFERRED TO]
POONGOTHAI VS. COMMISSIONER OF SOCIAL WELFARE [LAWS(MAD)-2017-2-497] [REFERRED TO]
DR. SHAIKH IMRAN VS. MAULANA AZAD EDUCATION SOCIETY [LAWS(BOM)-2019-1-219] [REFERRED TO]
SIMA SARKAR VS. BHARAT SANCHAR NIGAM LIMITED AND ORS [LAWS(CAL)-2019-4-99] [REFERRED TO]
ALOK RAMAN VS. STATE OF U P [LAWS(ALL)-2019-7-113] [REFERRED TO]
N. SHANKAR PRASAD VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2019-10-4] [REFERRED TO]
VISVESVARAYA TECHNOLOGICAL UNIVERSITY VS. H.N. JAGANNATHA REDDY [LAWS(KAR)-2019-5-152] [REFERRED TO]
JAGDISH RATHI VS. STATE OF MADHYA PRADESH & OTHERS [LAWS(MPH)-2020-6-37] [REFERRED TO]
NEERJA SHRIVASTAVA VS. STATE OF M.P. [LAWS(MPH)-2020-6-1001] [REFERRED TO]
GIAN CHAND THAKUR VS. STATE OF H.P. [LAWS(HPH)-2020-6-44] [REFERRED TO]
COMMERCIAL TAXES DEPARTMENT VS. JAGDISH RATHI [LAWS(MPH)-2020-6-1003] [REFERRED TO]
UCO BANK ZONAL OFFICE HAZRATGANJ LKO. THRO. DY. G.M. VS. HARIHAR PRASAD PANDEY [LAWS(ALL)-2019-3-263] [REFERRED TO]
SHUBHAM THAKUR VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2020-10-36] [REFERRED TO]
CH. VINAY VS. HIGH COURT OF ANDHRA PRADESH, AMARAVATI [LAWS(APH)-2020-12-77] [REFERRED TO]
D. RAVI BABU VS. DIRECTOR GENERAL OF POLICE, A.P. [LAWS(APH)-2021-4-58] [REFERRED TO]
HINDUSTAN AERONAUTICS LIMITED VS. C. RAGHUNATHAN [LAWS(KAR)-2022-1-68] [REFERRED TO]
DR. S. BIKRAMADITYA MEITEI VS. STATE OF MANIPUR [LAWS(MANIP)-2022-5-1] [REFERRED TO]


JUDGEMENT

Wanchoo, J. - (1.)This is an appeal by special leave in an industrial matter. The appellant is a company carrying on the manufacture of textiles. The respondent Kushal Bhan was in the employ of the company as a peon. It appears that the cycle of Ram Chandra, Head Clerk of the Folding Department was stolen on August 24, 1957. The matter was reported to the police. Sometime later, the cycle was recovered from the railway station cycle stand at the instance of the respondent who took the police there and picked out the stolen cycle from among 50/60 cycles standing there. This mater was apparently brought to the notice of the company in October 1957 and thereupon a charge-sheet was served on the respondent to the effect that he had stolen the cycle of Ram Chandra, Head Clerk, that it had been recovered at his instance and that a criminal case was pending against him with the police. He was asked to show cause why he should not be dismissed for misconduct. The respondent submitted his explanation on October 13, 1957. As his explanation was unsatisfactory, November 14, 1957, was fixed for enquiry:The respondent appeared before the enquiry committee but stated that as the case was pending against him, he did not want to produce any defence till the matter was decided by the court. He further stated that he did not want to take part in the enquiry and was not prepared to give any answers to questions put to him. When questions were put to him at the enquiry he refused to answer them and eventually he left the place. The company, however, completed the inquiry and directed the dismissal of the respondent on the ground that the misconduct had been proved against him. Thereafter an application was made under S. 33(2) of the Industrial Disputes Act, No. 14 of 1947, by the company to the tribunal for approval of the action taken against the respondent. The matter came before the tribunal on May 6, 1958. In the meantime, the respondent had been acquitted by the criminal court on April 8, 1958, on the ground that the case against him was not free from doubt. The copy of the judgment of the criminal court was produced before the tribunal and it refused to approve the order of dismissal. The company thereupon applied for special leave to this Court resulting in the present appeal.
(2.)The main contention on behalf of the appellant-company is that the company was not bound to wait for the result of the trial in the criminal court and that it could, and did, hold a fair enquiry against the respondent, and if the respondent reused to participate in it and left the place where the enquiry was being held, the company could do no more than to complete it and come to such conclusion as was possible on the evidence before it. Learned counsel for the respondent, on the other hand, urges that principles of natural justice require that an employer should wait at least for the decision of the criminal trial court before taking disciplinary action, and that inasmuch as the employer did not do so in this case the employee was justified in not taking part in the disciplinary proceedings which dealt with the very same matter which was the subject-matter of trial in the criminal court.
(3.)It is true that very often employers stay enquiries pending the decision of the criminal trial courts and that is fair; but we cannot say that principles of natural justice require that an employer must wait for the decision at least of the criminal trial court before taking action against an employee. In Shri Bimal Kanta Mukherjee vs. Messrs. Newsman's Printing Works, 1956 Lab AC 188, this was the view taken by the Labour Appellate Tribunal . We may, however, add that if the case is of a grave nature of involves questions of fact or law, which are not simple, it would be advisable for the employer to await the decision of the trial court, so that the defence of the employee in the criminal case may not be prejudiced. The present, however, is a case of a very simple nature and so the employer cannot be blamed for the course adopted by him. In the circumstances, there was in our opinion no failure of natural justice in this case and if the respondent did not choose to take part in the enquiry no fault can be found with that enquiry. We are of opinion that this was a case in which the tribunal patently erred in not granting approval under S. 33(2) of the Industrial Disputes Act. Besides it is apparent that in making the order under appeal, the tribunal has completely lost sight of the limits of its jurisdiction under S. 33(2). We therefore allow the appeal and setting aside the order of the tribunal grant approval to the order of the appellant dismissing the Respondent. In the circumstances we pass no order as to costs
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