Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | ss. 33(2)(b) Inquiry under Industrial Disputes Act 1947 scope of Dismissal of workman |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Industrial Disputes Act, 1947 (14 of 1947) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Industrial Disputes Act, 1947: ss. 33(2)(b) – Inquiry under – Scope of – Dismissal of workman – Since another industrial dispute was pending, application u/s 33(2)(b) by the employer, seeking permission to effectuate the dismissal order – Labour Court dismissed the application holding that dismissal of the workman was not justified – Order of Labour Court was upheld by Single Judge of High Court – Division Bench of High Court set aside the orders of courts below holding that jurisdiction u/s. 33(2)(b) could not be expanded to permit the parties to lead evidence which was never produced in domestic enquiry – Appeal to Supreme Court – Held: For adjudication of an ‘industrial dispute’, the legislature has provided a self-contained mechanism through s. 10 r/w. ss. 11(3) and 11A – Therefore, the Court, in exercise of jurisdiction u/s. 33(2)(b) cannot adjudicate the legality, propriety, justifiability or otherwise sustainability of a punitive action against a workman – Matter is remitted to Labour Court to decide the matter afresh within the limit and scope of ss. 33(2)(b) – Parties are also directed to settle the dispute through mediation – Till the mediation proceedings are concluded, proceedings before the Labour Court are stayed. |
Judge | Hon'ble Mr. Justice Surya Kant |
Neutral Citation | 2019 INSC 1147 |
Petitioner | John D’ Souza |
Respondent | Karnataka State Road Transport Corporation |
SCR | [2019] 13 S.C.R. 770 |
Judgement Date | 2019-10-16 |
Case Number | 8042 |
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