The court observed that the cases where communication is found to be insufficient in this regard, the same may be construed to be arbitrary exercise of employer’s power.
MANU/MH/0089/1998
Labour Law, Termination of Employment
None
M. Visvesvarya Industrial Research and Development Centre vs. Dilip Madhavrao Vaidya (31.07.1997 - BOMHC)
The court observed that the cases where communication is found to be insufficient in this regard, the same may be construed to be arbitrary exercise of employer’s power.
“All in all, the employer failed and miserably so to say to justify its action before the Labour Court whereby the services of the employee were terminated on the ground of unsatisfactory work and the concurrent findings of the two courts below in not finding the justification reliable, cannot be faulted. The impugned orders do not suffer from any infirmity warranting interference by this Court in extra ordinary jurisdiction.”
M. Visvesvarya Industrial Research and Development Centre vs. Dilip Madhavrao Vaidya (31.07.1997 - BOMHC)
The court observed that the cases where communication is found to be insufficient in this regard, the same may be construed to be arbitrary exercise of employer’s power.
“All in all, the employer failed and miserably so to say to justify its action before the Labour Court whereby the services of the employee were terminated on the ground of unsatisfactory work and the concurrent findings of the two courts below in not finding the justification reliable, cannot be faulted. The impugned orders do not suffer from any infirmity warranting interference by this Court in extra ordinary jurisdiction.”