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1984 Supreme(SC) 229

D.A.DESAI, V.BALAKRISHNA ERADI, V.KHALID
Naval Kishore (Workman) – Appellant
Versus
Darbshaw. B. Cursetjees Sons – Respondent


Advocates:
Ali Ahmad, HALIDA KHATUN, JAYSHRI ANAND, P.GOVINDAN NAYAR, Pallavi S.Shroff, S.S.SHROFF

JUDGMENT

DESAI, J. :—The appellant, Naval Kishore, was workman employed by M/s. Darbshaw B. Cursetjees Sons (P) Ltd. For reasons, which we consider irrelevant his services were terminated. That led to an industrial dispute which was referred to the Central Government Industrial Tribunal 2 Bombay. The Industrial dispute referred to the tribunal was whether the action of the respondent Management directing the termination of the services of the appellant with effect from March 1, 1980 is justified. If it was not so justified, what relief the appellant would be entitled for?

2. The Industrial Tribunal after hearing the parties reached an affirmative conclusion that the termination of service of the appellant was not justified. The Tribunal then proceeded to consider what relief should be given to the appellant. It appears that the appellant was employed as Cargo Supervisor to work in the Bombay Port Trust. His work permit was cancelled by the concerned authority of the Bombay Port Trust. In the absense of work permit the appellant could not enter the port area and render service as Cargo Supervisor. The Management, therefore, transferred, and posted him to work in its office at Bombay







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