direct or substantial interest in the cause of such dis-missed employee and hence their support could not convert the individual dispute into an industrial
Miss K. Kotval And Ors. on 20 May, 1969
Equivalent citations: (1970)IILLJ68CAL
JUDGMENT
D. Basu, J.
1. The respondent Miss Kotval was an employee ... respondent. It was conceded before the tribunal that "excepting Miss Kotval no other employee of the company that is, M/s Air France
employee. The claimant was never
appointed by the management as regular and permanent employee
and hence relationship of employer and employee is missing ... were framed on 10.11.2015 :
1. Whether there was relationship of employer and
employee between management and claimant? OPM
2. Whether claimant had worked with
thoroughly dissatisfied
with the work of Miss Scott, and (2) that he did not approve
of Miss Scott's conduct in joining the union ... employer or to
the employee to direct reinstatement.
It appears that subsequent to her dismissal and in spite of
it Miss Scott found employment with
mentioned
that in Express Newspapers'case (supra) the employee had
been appointed on probation for six months and before the
expiry of the said ... Utkal Machinery Ltd. v. Workmen, Miss
Shanti Patnaik (supra), this Court examined the matter on
the assumption that the employee was appointed on probation
options are given to the management, namely. (i) to
discharge the employee under sub-paragraph 10(c) with or
without notice or on payment ... negation of the other modes of punishment, namely, to dis-
miss etc. the employee. What is, however, necessary to note
is the distinction between
nature of the misconduct alleged on the part of the employee
as also the nature of contravention of any provision of law
or ,standing order ... relationship that should exist between an
employer and an employee.
It should not be missed that the opening words of section
invalid orders of dismissal industrial adjudication would direct reinstatement of a dismissed employee. Nevertheless, there would be cases where it would not be expedient ... Similarly, in Management Utkal Machinery Ltd. v. Workman, Miss Shanti Patnaik , 1966 (2) SCR 434 the employee, held to have been wrongfully dismissed
employees, and in support of this plea, two girl employees
were examined. Miss Desai stated that she stays at Thana ... house. According to
her, there is another girl employee of the factory who stays
at Thana, Miss Rodriguies, who also supported the plea of
inconvenience
invalid orders of dismissal industrial adjudication would direct reinstatement of a dismissed employee. Nevertheless, there would be cases where it would not be expedient ... Similarly, in Management Utkal Machinery Ltd. v. Workman, Miss Shanti Patnaik , 1966 (2) SCR 434 the employee, held to have been wrongfully dismissed
