Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1947 Industrial Dispute Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Industrial Dispute Act, 1947:s. 11A - Jurisdiction of Labour Court to give relief - Scope - Workmen went on strike - Dismissed by employer - labour Court held that the strike was not justified however, directed the workmen to be re-instated without back wages - Correctness of - Held, not correct - Having found that the workmen had proceeded on illegal strike, Labour Court ought not to have interfered with the quantum of punishment especially when the employer was engaged in public utility service and the strike prolonged for a period of four to five months.Respondent-employer is engaged in public utility service. Pursuant to certain dispute, Appellants-workmen, went on strike for a period of 5 months. Disciplinary action was initiated and the Appellants were dismissed from service. Labour Court held that the Appellants were not justified in going on strike, however, it held that for such misconduct, punishment of withholding of backwages would be sufficient Accordingly, the Court set aside the order of dismissal and directed the Appellants to be re-instead in service with continuity but without back wages. High Court held that once the charges had been proved against the Appellants, the Labour Court ought not to have interfered with the quantum of punishment imposed by Respondent-employer. In appeal to this Court, the primary contention made was that the parameters of s. 11A of the Industrial Disputes Act, 1947 bad not been considered by the High Court while setting aside the order of the Labour Court. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2007 INSC 991 |
Petitioner | U.b. Gadhe And Ors. Etc. Etc |
Respondent | G.m. Gujarat Ambuja Cement Pvt. Ltd. |
SCR | [2007] 10 S.C.R. 452 |
Judgement Date | 2007-09-28 |
Case Number | 892 |
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