Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Labour Law Industrial Disputes Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Industrial Disputes Act, 1947 (14 of 1947) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Labour Law - Industrial Disputes Act, 1947 - Section 11A - Award by the Labour Court setting aside the dismissal order against the appellant and directing reinstatement with full back wages - High Court disallowing full back wages on the reasoning that the appellant was not totally innocent and the charges against him could have been established by better or further evidence - Justifiably of - Held, the High Court had no jurisdiction, not even under Section 11 A, to enter into the question whether the charges could have been established by better or further evidence - Such speculation not the function of the court or any quasi-judicial authority - Necessary consequences have to follow and appropriate orders are to be passed if it is found as a fact that the charges are not established - Case remitted to Single Judge of High Court for rehearing. |
Judge | Hon'ble Mr. Justice S. Saghir Ahmad |
Neutral Citation | 1999 INSC 141 |
Petitioner | H.s. Chandra Shekara Chari |
Respondent | The Divisional Controller, Ksrtc And Anr. |
SCR | [1999] 2 S.C.R. 284 |
Judgement Date | 1999-03-31 |
Case Number | 2457 |
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