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Dharmender Kumar v. Air India Limited

Dharmender Kumar v. Air India Limited

(High Court Of Delhi)

Letters Patent Appeal No. 28 of 1996 | 03-09-1996

M.J. Rao, C. J.

This appeal has been filed against order of the learned Single Judge passed on 29.1.96 in C.W. 346/96. By that order, learned Single Judge stated that it is not disputed that certified standing orders under the Industrial Employment Standing Order Act, 1946 are applicable in the present case. Learned Single Judge also stated that the petitioner has an alternate remedy provided under the Industrial Disputes Act.

This Court passed an order on 29.2.96 in C.M. 435/96 that the appellants services be not terminated except on disciplinary proceedings or if the work load is not enough, the principle of last to come and first to go should be followed. The appellant should be continued only in accordance with the scheme, if any, followed by the respondent.

After hearing both sides, we find that the order dated 29.2.96 passed in C.M. 435/96, should be the order in this appeal also.

The appeal is disposed of accordingly in terms of the order dated 29.2.96 passed in C.M. 435/96.

Advocate List
  • For the Appellant Ashok Agarwal, Advocate. For the Respondent Ratna Diwedi, Advocate.
Bench
  • HON'BLE CHIEF JUSTICE MR. M. JAGANNADHA RAO
  • HON'BLE MR. JUSTICE MANMOHAN SARIN
Eq Citations
  • 65 (1997) DLT 857
  • LQ/DelHC/1996/810
Head Note

Labour Law — Appeal — Appeal against Single Judge's order — Order of Single Judge that certified standing orders under 1946 Act are applicable to case — Held, order of Single Judge should be order in appeal also