NDLI: Janatha Bazar (south Kanara Central Co-operative Whole Sale Stores Ltd.) Vs. Secretary, Sahakari Noukarara Sangha

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	loss of confidence Breach of trust
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Labour Laws: Industrial Disputes Act, 1947: Section 11-A.Breach of trust/loss of confidence-Minor penalty-Awarding of- Discretion under S.11-A-Exercise of-By Labour Court-Management dismissed workmen on charges of breach of trust and misappropriation- Labour court found the charges established-But in exercise of its discretion under S.11-A reinstated the workmen with 25% back wages in view of their past good record-High Court confirmed the award-Validity-Held, A proved act of misappropriation should not be taken lightly-- Misappropriation cannot be rewarded by reinstatement with full or part of back wages-In case of proved misappropriation, there is no question of considering past record-Labour court cannot substitute penalty imposed by employer in such cases-Hence, High Court materially erred in confirming the award of the Labour Court-Service Law.
Judge	Hon'ble Mr. Justice M.B. Shah
Neutral Citation	2000 INSC 457
Petitioner	Janatha Bazar (south Kanara Central Co-operative Whole Sale Stores Ltd.)
Respondent	Secretary, Sahakari Noukarara Sangha
SCR	[2000] Supp. (3) S.C.R. 367
Judgement Date	2000-09-21
Case Number	5224

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Janatha Bazar (south Kanara Central Co-operative Whole Sale Stores Ltd.) Vs. Secretary, Sahakari Noukarara Sangha