Supreme Court · 1990 INSC 31 · Decided 9 February 1990

Management of M/S M.S. Nally Bharat ENGG. CO. LTD. v. State of Bihar & ORS.

Court
Supreme Court of India
Citation
1990 INSC 31 · [1990] 1 S.C.R. 290
Case number
CIVIL APPEAL No. 1102/1990
Decided
9 February 1990
Bench
K. JAGANNATHA SHETTY, T.K. THOMMEN (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Industrial Disputes Act Section 33, 33B

Headnote

Industrial Disputes Act, 1947: Section 33-B-Transfer of pro­ ceedings-Obligation to record reasons-Whether mandatory-Denial of opportunity to management to represent-Order whether vitiated. Sub-section (1) of S. 33-B of the Industrial Disputes Act, 1947 provides that the appropriate Government therein, withdraw any proceedings pending before a Labour Court or Tribunal and transfer it for disposal to another Labour Court or Tribunal. Respondent No. 4, a workman of the appellant-company at Dhanbad, was caught red-handed while stealing certain goods. The domestic enquiry found him

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