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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
Hon'ble Brij Raj Singh,J.
Rajendra Prasad Tripathi – Appellant
Versus
Hindustan Aeronautics Limited – Respondent
| Table of Content |
|---|
| 1. opposing counsel argues against petitioner's claims. (Para 6) |
| 2. management followed standing orders in striking off the petitioner. (Para 7 , 8) |
| 3. court reviews applicable standing orders and legal precedents. (Para 9 , 10) |
| 4. court distinguishes between abandonment and termination. (Para 11 , 12) |
| 5. court cites supreme court rulings on procedural fairness. (Para 13 , 14) |
| 6. management's actions deemed compliant with legal standards. (Para 15 , 16) |
| 7. court reinforces necessity of natural justice in termination. (Para 17 , 18) |
| 8. court affirms management's right to terminate under standing orders. (Para 19 , 20) |
| 9. petitioner's delay in filing writ petition is significant. (Para 21) |
| 10. court finds no merit in petitioner's claims; dismissal justified. (Para 22 , 23 , 24) |
JUDGMENT :
Brij Raj Singh, J.
1. This writ petition has been filed seeking following reliefs:-
“1. Wherefore, it is most respectfully prayed that Lordship may kindly be pleased to allow a writ in the nature of Certiorari quashing the order dated 26/28.02.1991 annexed as Annexure No.12 to the writ petition.
2. Wherefore, it is most respectfully prayed that our Lordship may kindly be pleased to issue a writ in
The court upheld the termination of a permanent workman for unauthorized absence under Standing Orders, emphasizing the importance of procedural compliance and the impact of laches in filing the writ....
Point of Law : Upholding the validity of the action of the Bank in applying the clause 16 of the bipartite statement by noticing the employee and not holding regular departmental enquiry, the positio....
The dismissal of an appeal based on the alleged lack of authority of the representative was unjustified, necessitating a decision on the merits of the proposed amendment to the standing orders.
A termination order can be deemed stigmatic if issued without proper inquiry, violating principles of natural justice, necessitating reinstatement of the affected party.
The High Court's supervisory jurisdiction under Article 226 does not allow re-evaluation of factual findings by lower tribunals unless there is an error of law apparent on the record.
The Court ruled that termination without notice and opportunity to explain absence violated principles of natural justice, justifying reinstatement and compensation.
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