Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | U.P. Industrial Disputes Act 1'947 - s. 6(2-A) - Bus conductor with appellant-Corporation carried 25 passengers without ticket - Disciplinary proceedings - Dismissal from service - Industrial dispute raised - Labour court set aside the dismissal order and passed the award relating to reinstatement holding that the allegation of personal gain and corruption was not established - High Court upheld the awar |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | U.P. Industrial Disputes Act, 1'947 - s. 6(2-A) - Busconductor with appellant-Corporation carried 25 passengerswithout ticket - Disciplinary proceedings - Dismissal fromservice - Industrial dispute raised - Labour court set asidethe dismissal order and passed the award relating toreinstatement holding that the allegation of personal gainand corruption was not established - High Court upheld theaward- On appeal, held: The said misconduct does not standon a lesser footing than embezzlement or corruption andresults in loss of faith and breaches the trust - Chargepertaining to personal gain established - Degree ofcorruption is immaterial - Whole act is reprehensible anddoes not commend any lenience - Thus, the courts belowerred qy imposing a lesser punishment on the workmanwhereas the only punishment, on establishment of thecharges accepted by the labour court, should have beendismissal - Exercise of power u/s. 6(2-A) by Labour Courtwas arbitrary and was not exercised in a judicial manner -Award by the Labour Court as well as the order by the HighCourt set aside and the order of dismissal imposed by theCorporation restored. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2015 INSC 1011 |
Petitioner | U.p. State Road Transport Corp. &anr. |
Respondent | Gopal Shukla & Anr. |
SCR | [2015] 10 S.C.R. 423 |
Judgement Date | 2015-09-01 |
Case Number | 2038 |
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