Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Industrial Disputes Act 1947 Jurisdiction under- Constitution of India 1950 semi-skilled workman reinstatement Art. 136 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Industrial Disputes Act, 1947 - s.11A - Dismissal of appellant, a semi-skilled workman in respondent- company- If disproportionate to the act of misconduct proved against the appellant - Allegation that appellant threw jute/ cotton waste balls hitting the face of his superior officer and also abused him in filthy language - Appellant submitted apology letter- Labour Court, however, held that termination of appellant was justified - High Court upheld the award passed by Labour Court- Held: Labour Court and the High Court did not properly appreciate tenor of the apology Jetter- From the apology letter, it is discernible that appellant made admission only with respect to throwing of the jute cotton waste balls by mistake - The letter nowhere stated that appellant was involved in the incident of hurling abuses and using filthy language against his superior officer- Mere Act of throwing jute/cotton waste balls weighing 5 to 10 gms may not by itself lead to imposing punishment of dismissal from service - Considering the totality of the circumstances, the punishment of dismissal from service was harsh and disproportionate -But, nearly two decades have passed since termination appellant and over these years the appellant must have been gainfully employed elsewhere - Further, appellant has almost reached the age of superannuation - In such circumstances, there cannot be any order of reinstatement and award of lumpsum compensation of Rs.5 Lakhs would meet the ends of justice.Constitution of India, 1950 - Art. 136 - Jurisdiction under- Scope-Held: Jurisdiction u/Art. 136 is extraordinary and interference with concurrent findings of fact recorded by the courts below is permissible only in exceptional cases and not as a matter of course - Where appreciation of evidence is found to be wholly unsatisfactory or the conclusion drawn from the same is perverse in nature, in exercise of the jurisdiction under Art. 136, the Supreme Court may interfere with the concurrent findings for doing complete justice in the case |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2014 INSC 769 |
Petitioner | Collector Singh |
Respondent | L.m.l. Ltd., Kanpur |
SCR | [2014] 13 S.C.R. 735 |
Judgement Date | 2014-11-11 |
Case Number | 10125 |
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