Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Dismissal of workman Labour Law Misconduct |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Labour Law:Dismissal of workman - Misconduct - Workmantravelling in Corporation Bus without ticket - On being caught,misbehaving with the checking squad and threatening the0 Checking Inspector of his life - In disciplinary inquiry chargesfound proved - Past conduct also considered - Order ofdismissal - Labour Court held the order fully justified - Held:Having regard to the gravity of the misconduct found provedagainst the appellant in an enquiry held for that purpose byE way of disciplinary procedure prescribed in the relevant rules,the conclusion of Labour Court on this aspect cannot beassailed.Industrial Disputes Act, 1947:s. 11-A - Power of Labour Court to give appropriate reliefin case of discharge of dismissal of workman - Exercise ofdiscretion - Explained - Held: In the instant case, LabourCourt examined the scope of exercising its discretion u/s. 11 Ain order to interfere with punishment imposed on appellant -G Having regard to the factors, referred by Labour Court, it rightlydeclined to exercise its discretionary jurisdiction uls. 11 A tointerfere with the punishment of dismissal - However, it isopen to appellant or his dependants to approach theauthorities concerned for settlement of any benefits payable under the provisions of the Act as well as under Employees'Pension Scheme, 1995 - Employees' Provident Fund andMiscellaneous Provisions Act, 1952 - s. 6A. |
Judge | Hon'ble Mr. Justice Fakkir Mohamed Ibrahim Kalifulla |
Neutral Citation | 2013 INSC 652 |
Petitioner | Davalsab Husainsab Mulla |
Respondent | North West Karnataka Road Transport Corporation |
SCR | [2013] 9 S.C.R. 826 |
Judgement Date | 2013-09-24 |
Case Number | 8487 |
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