Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Uttar Pradesh Industrial Disputes Act Misconduct |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Labour Law: Uttar Pradesh industrial Disputes Act, 1947:s.6-E(2)(b) — Misconduct -— Dismissal — Prior approval from Labour Court during pendency of proceedings — Held: Since earlier proceedings were pending, Management was required to obtain prior approval from Labour Court — However, failure to do so will not disentitle the Management from proving the misconduct in court — Industrial Disputes Act, 1947 — S.32(2)(b). Dismissal from service — Misconduct — Complaint by workmen against officers of company — Officers acquitted — Charge-sheet against workmen that they filed false case against officers of company - Workmen dismissed from service — Held: There is no discussion whatsoever about the evidence as to why Labour Court came to conclusion that the misconduct is established — In the circumstances, finding of Labour Court that management had proved the misconduct cannot be sustained — Therefore, workmen were entitled to declaration that termination of their services was bad in law and for consequential relief — Workmen are entitled to award of compensation towards back-wages quantified at 50%, with interest at 6% per annum, from the date of dismissal until the date of superannuation/death, whichever is earlier — Principles of natural justice. |
Judge | Hon'ble Mr. Justice H.L. Gokhale Hon'ble Mr. Justice Kurian Joseph |
Neutral Citation | 2014 INSC 897 |
Petitioner | J.h. Patel (d) By Lrs. And Ors. |
Respondent | Nuboard Manufacturing Co. Ltd. & Ors. |
SCR | [2014] 1 S.C.R. 773 |
Judgement Date | 2014-01-22 |
Case Number | 1762 |
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