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ID ACT WITH CASE STUDY

ID ACT WITH CASE STUDY

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Published by: rashmi_shantikumar on Jan 08, 2010
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01/06/2013

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CIBI CHAKRABORTHY.TR.No 16
 
 
11A. Powers of Labour Courts,Tribunals and National Tribunals togive appropriate relief in case of discharge or dismissal of workmen -
Where an industrial dispute relating to the discharge or dismissal of aworkman has been referred to a Labour Court, Tribunal or National Tribunalfor adjudication and, in the course of the adjudication proceedings, theLabour Court, Tribunal or National Tribunal, as the case may be, is satisfiedthat the order of discharge or dismissal was not justified, it may, by itsaward, set aside the order of discharge or dismissal and direct re-instatement of the workman on such terms and conditions, if any, as itthinks fit, or give such other relief to the workman including the award of any lesser punishment in lieu of discharge or dismissal as thecircumstances of the case may require:
Provided that in any proceeding under this section the Labour Court, Tribunal or National Tribunal, as the case may be, shall rely only on thematerials on record and shall not take any fresh evidence in relation to thematter.
 
IN THE SUPREME COURT OF INDIA
Civil Appeal No. 5114 of 2009 (Arising out of SLP (C) No.4224/2009)Decided On: 04.08.2009Appellants:
U.P. State Road Transport CorporationVs.
Respondent:
Nanhe Lal Kushwaha
Appellant is constituted under the Road Transport Corporation Act. Itemployed the respondent herein as a conductor. Indisputably, he hadbeen charged for carrying passengers without tickets on or about06.04.1984, 10.7.1984, 14.7.1985, 6.3.1986, 23.2.1987 and 4.3.1987. Adisciplinary proceeding was initiated against him on or about 6.9.1987.In the said departmental proceedings he was found guilty of the chargeslevelled against him. He was removed from service by the appointingauthority by an order dated 18.12.1991.

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