Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1947-ss.10 (4A) Industrial Disputes Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Industrial Disputes Act, 1947 - ss.10 (4A) as introduced by State of Karnataka) and 11A - Dismissal from service - By management Pursuant to disciplinary proceedings - On the charge of absence from duty - Industrial dispute - Courts below upholding the charge, but reducing the punishment - On appeal, held: In view of the fact that workman was habitual absentee from duty, punishment of dismissal justified-Interference by courts below with the quantum of punishment not correct.Respondent-workman was dismissed from service by appellant-Management, pursuant to disciplinary proceedings on the charge of unauthorized absence from duty. Industrial dispute was raised. Labour Court though concurred with the finding of unauthorized absence of workman, but found the punishment disproportionate to the gravity of the charge. It directed his reinstatement with continuity of service, but without back wages. It awarded punishment of stoppage of four increments with cumulative effect. In Writ Petition, Single Judge of High Court modified the award, directing reinstatement without continuity of service. Management as well as workman filed writ appeals. Division Bench of High Court dismissed the appeal of management It allowed that of the workman upholding the order of Labour Court.In appeal, to this Court management contended that habitual absentism was gross violation of discipline; and that the punishment was reduced without keeping in view the parameters for the exercise of jurisdiction u/s. 11A of Industrial Disputes Act, 1947. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2007 INSC 1217 |
Petitioner | M/s. L&t Komatsu Lid. |
Respondent | N. Udayakumar |
SCR | [2007] 12 S.C.R. 820 |
Judgement Date | 2007-12-03 |
Case Number | 3852 |
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