having not been done the termination of the petitioner's services simpliciter under Rule 13 is void, the counsel said.
(15) Counsel ... conclusion that though in form the order amounts to termination simpliciter in reality it cloaks dismissal for misconduct, it will be open
respondent 2's services on that ground that it was discharge simpliciter, that the provisions of Section 33(2)(6) of the said ... termination of respondent 2's services amounted to a discharge simpliciter that, therefore, the petitioner was not required to apply for approval under Section
that the company discontinued services of
the claimants by way of discharge simpliciter
upon payment of retrenchment compensation and the
orders are not stigmatic ... actually terminated by way of punishment and not
by way of discharge simpliciter and the Court
decided the case merely on the premise that
unjust, It further contended that it was a case of discharge simpliciter and, therefore, the provisions of Section 33(2)(b) of the Act were ... that since the action of the company purported to be a discharge simpliciter, the case did not fall within Section
date of his
dismissal and that the dismissal was not a discharge
simpliciter but in breach of the provisions of s. 33 . On
this finding ... therein, and not
to a case of termination of service
simpliciter. In the present case, the
Opposite Party has bona fide terminated the
service
which the employer may take appropriate action. [641F]
(c) Termination simpliciter under the conditions of
service or under the standing orders is outside the scope ... substance, it is
an action of dismissal for misconduct and not termination
simpliciter. [642-A-B]
Management of Murgan Mills Ltd. v. Industrial Tribunal,
Madras
ground of misconduct
could be converted into an order of discharge simpliciter by
mentioning therein the nature of misconduct.
Allowing the appeal by special leave ... employee for
misconduct while the other is the power to terminate
simpliciter the service of an employee without any other
adverse consequences
plea of the petitioner that the termination of the respondent was simpliciter in accordance with the terms of employment was rejected by the Labour Court ... termination of the services of the respondent the respondent was terminated simpliciter in accordance with the contract of service. It was not a case
determine whether the action taken was in reality one of discharge simpliciter or was a penal action. And though the order might be in form ... order of discharge and decide whether the discharge is discharge simpliciter or the result of misconduct alleged against the workman. The exercise of the power
determine whether the action taken was in reality one of discharge simpliciter or was a penal action. And though the order might be in form ... order of discharge and decide whether the discharge is discharge simpliciter or the result of misconduct alleged against the workman. The exercise of the power
