Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Misconduct Punishment |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Labour Law - Misconduct - Punishment - Proportionality - Appellant-Company engaged in manufacture of rubber products - Issuance of fresh instructions by management of appellant-Company requiring the workmen (working as moulders to operate the rubber moulding machines) to place the bag of their production on the electronic weighing scale instead of placing them on the floor at the end of the shift as they were doing till that time - The workmen considered this responsibility to be involving not only additional work in carrying the production bag to the weighing machine but also in devoting additional time beyond the shift hours without any additional remuneration for the same and refused to carry out the fresh instructions - Held: Refusal of the workmen to carry out the fresh instructions issued by the management was not without a lawful or reasonable justification and could not at any rate be described as contumacious - Inasmuch as the workmen concerned had declined to undertake this additional F responsibility which was not only consuming additional time but also additional effort they could not be accused of either deliberate defiance or misconduct that could be punished - Tribunal was in that view wrong in holding that the charge framed against the respondents was proved - Refusal to carry out the instructions requiring workmen to do additional work beyond the shift hours clearly tantamounted to changing the conditions of service of the workmen which was impermissible without complying with the requirements of s. 9-A of the Industrial Disputes Act - Even assuming that the finding |
Judge | Honble Mr. Justice T.S. Thakur |
Neutral Citation | 2013 INSC 833 |
Petitioner | Management Of Sundaram Industries Ltd. |
Respondent | Sundaram Industries Employees Union |
SCR | [2013] 16 S.C.R. 1090 |
Judgement Date | 2013-12-13 |
Case Number | 11016 |
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