Jalan Trading Co. (Private Ltd.) Vs. Mill Mazdoor Union - Court Judgment
|Subject||Media and Communication;Labour and Industrial|
|Court||Supreme Court of India|
|Judge|| J.C. Shah,; K.N. Wanchoo,; M. Hidayatullah,; S.M. Sikri and; V. Ramaswami,|
|Reported in||AIR1967SC691; 36CompCas901(SC); (1966)IILLJ546SC; 1SCR15|
|Acts||Constitution of India - Articles 14, 31(1) and 32; Payment of Bonus Act, 1965 - Sections 10, 33, 34(2), 36 and 37|
|Appellant||Jalan Trading Co. (Private Ltd.)|
|Respondent||Mill Mazdoor Union|
..... held, requirement of issuing second show cause notice contained in guidelines issued by nabard for guidance of regional rural banks (rrb) is not mandatory on regional rural bank. dismissal from service of officer of regional rural bank cannot be set aside for failure to give second show cause notice. mreso when delinquent despite opportunity had participated in disciplinary proceedings and, therefore, was not prejudiced thereby.
dismissal from service: [s.b.sinha & dr.mukundakam sharma,jj] regional rural banks act, 1976, section 30 - ganga yamuna gramin bank staff service regulations, 1985, regulation 30 principle of natural justice - issuance of second show cause notice to delinquent employee before deciding punishment is not part of natural justice principle. such a provision.....order95. in accordance with the opinion of the majority, the appeal is allowed and the order of the industrial tribunal set aside. the writ petitions are allowed in part and section 33, 34(2) and 37 are declared ultra vires. there will be no order as to costs in all these proceedings. g.c.
95. In accordance with the opinion of the majority, the appeal is allowed and the order of the Industrial Tribunal set aside. The writ petitions are allowed in part and Section 33, 34(2) and 37 are declared ultra vires. There will be no order as to costs in all these proceedings.