Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Industrial Dispute |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Industrial Dispute - Obstruction by some workmen of the work of other workmen - Show cause notice served - Found guilty by the management - Powers of the Tribunal - Whether unconscionable punishment would amount to victimisation - Industrial Disputes Act, 1947 (14 of 1947), ss. 10, 33 (2) (b). The respondents were the employees of the appellant and while a strike was going on in the concern of the appellant they physically obstructed the loyal and willing trammers from working in the colliery and insisted on other workmen to join them in the obstruction. A charge sheet was served on the respondents and they were asked to show cause why disciplinary action should not be taken against them. The respondents submitted their explanation and on an inquiry held by the welfare officer they were found guilty and the welfare officerrecommended their dismissal. The appellant filed an application before the Industrial Tribunal under s. 33 (2)(b) of the Industrial Disputes Act and the tribunal approved of the dismissal. Thereafter reference was made under s. 1O of the Act and the present appeal is by way of special leave against the order of the Industrial Tribunal made in that reference. The Tribunal has held that the enquiry by the management was proper but it further held that the dismissal amounted to victimisation. The main question in the appeal was whether there was victimisation. |
Judge | Honble Mr. Justice K.N. Wanchoo |
Neutral Citation | 1963 INSC 11 |
Petitioner | M/s. Bengal Bhatdee Coal Co. |
Respondent | Shri Ram Prabesh Singh & Ors. |
SCR | [1964] 1 S.C.R. 709 |
Judgement Date | 1963-01-23 |
Case Number | 23 |
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