DEVIDAYAL NANAKCHAND Vs. STATE INDUSTRIAL COURT NAGPUR

JUDGEMENT

(1.) THIS is a petition under Articles 226 and 227 of the Constitution and is directed against the order of the State Industrial Court, Nagpur, which confirmed the order of the Assistant Labour Commissioner, Nagpur, refusing to order re-instatement of the petitioner.

(2.) IT is common ground that the petitioner was employed as a Fitter with R. S. Rekchand Mohota Mills, Hinganghat, and was removed from service as from 19-10-1954 after having been offered one month's salary in lieu of notice.

(3.) THE petitioner's contention before the two Tribunals below was and still is that the action taken against him was, in fact, one of dismissal and that as he was not given an opportunity to show cause against his dismissal that dismissal was erroneous. It is pointed out on his behalf that under Standing Order 25 in cases of this type opportunity has to be given to the employee before his dismissal from service.