Supreme Court · 2004 INSC 478 · Decided 25 August 2004
Krishna Bhadur v. M/S. Purna Theatre and ORS.
- Court
- Supreme Court of India
- Citation
- 2004 INSC 478 · [2004] SUPP. 3 S.C.R. 833
- Case number
- CIVIL APPEAL No. 7251/2001
- Decided
- 25 August 2004
- Bench
- N. SANTOSH HEGDE, S.B. SINHA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Evidence Act Section 115; Industrial Disputes Act Section 25F(b)
Headnote
Labour Law: Industrial Disputes Act, 1947: Section 25F(b)-Retrenchment of workman-Nature of-Held: Retrenchment is imperative in character-Any contravention of S. 25F(b) would render retrenchment void ab initio. Evidence Act, 1872: Section 115-Estoppel and waiver-Distinction between-Held: Estoppel constitute a cause of action-Burden of establishing waiver lies on the party pleading the same. The appellant was appointed in the post of Messenger-cum­ Bearer in the establishment of the respondent and was subsequently confirmed in the said post. The appellant was found guilty in a
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