Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India-Article 226-U.P. Industrial Disputes Act 1947- |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Constitution of India-Article 226-U.P. Industrial Disputes Act, 1947- Section 6(6)-Charges framed against delinquent employee for misconduct- Punishment of dismissal imposed by employer after inquiry-Labour Court imposing a lesser punishment of withholding two annual increments of the employee after finding that one of the charges was proved-Application for amendement of award by employee on the ground that the award is silent about granting back wages-Labour Court allowed the application-Writ Petition challenging the award and the amendment by the employer was dismissed by High Court-Correctness of-Held, on facis, Labour Court had the power to amend !he award-Awarding of back wages by Labour Court was not warranted when a charges of serious misconduct was proved-Labour Court cannot interfere with the punishment of dismissal without recording a finding that the punishment was disproportionate to the gravity of the charge-Hence, the punishment of dismissal upheld. Backwages-Sec. 11A of Industrial Disputes Act, 1947-Article. 226 of Constitution of India-Principles stated-Difference between cases where termination/dismissal is held to be illegal and invalid and cases where court uphold the finding regarding misconduct, but only interferes with the quantum F of punishment, for purposes of backwages. |
Judge | Hon'ble Mr. Justice R.V. Raveendran |
Neutral Citation | 2007 INSC 91 |
Petitioner | J.k. Synthetics Ltd. |
Respondent | K.p. Agrawal And Anr. |
SCR | [2007] 2 S.C.R. 60 |
Judgement Date | 2007-02-01 |
Case Number | 7657 |
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