Search Results Page

Search Results

1 - 10 of 174 (1.80 seconds)

The Management Of Mrf Limited vs V. Paramasivam And The Presiding ... on 24 January, 2005

In the last and 5th judgment cited on the part of the appellant reported in PUNJAB DAIRY DEVELOPMENT CORPORATION LTD. AND ANR. Vs. KALA SINGH AND ORS. it has been held "It is clearly laid down in the Constitution Bench decision in P.J. Kalyani and the recent Division Bench decision in R. Thiruvikolam that when the labour court records a finding that the domestic enquiry was defective and opportunity was given to the management and the workman to adduce evidence and then the labour court upholds dismissal order passed by the management, the dismissal order relates back to the date of original dismissal and not from the date of the judgment of the labour court."
Madras High Court Cites 12 - Cited by 4 - V Kanagaraj - Full Document

The Management Of vs V. Paramasivam on 24 January, 2005

21.In the last and 5th judgment cited on the part of the appellant reported in PUNJAB DAIRY DEVELOPMENT CORPORATION LTD., & ANOTHER Vs. KALA SINGH AND OTHERS (1997 (6) SCC 159) it has been held "It is clearly laid down in the Constitution Bench decision in P.J. Kalyani and the recent Division Bench decision in R.Thiruvikolam that when the labour court records a finding that the domestic enquiry was defective and opportunity was given to the management and the workman to adduce evidence and then the labour court upholds dismissal order passed by the management, the dismissal order relates back to the date of original dismissal and not from the date of the judgment of the labour court."
Madras High Court Cites 12 - Cited by 0 - V Kanagaraj - Full Document

Baljinder Singh vs Presiding Officer And Anr. on 16 July, 2003

Subsequently, the Hon'ble Apex Court in Punjab Dairy Development Corporation Ltd v. Kala Singh (supra) has expressly over-ruled by the view taken in Des Raj Gupta's case (supra) it was held that if the employer had justified his action of dismissing a workman before the Tribunal and if the enquiry is found to invalid even then the dismissal order passed by the employer would relate back from the date of passing of such order; and in such a situation the workman would not be entitled for back wages from the date of dismissal to the date of passing of award.
Punjab-Haryana High Court Cites 6 - Cited by 0 - S K Mittal - Full Document

Chanda Tiwari vs Directorate Of Social Welfare And Anr on 10 July, 2019

Delhi High Court Cites 18 - Cited by 0 - J R Midha - Full Document

M/S Deccan Charters Private Limited vs Vikram Thapa on 15 July, 2019

Delhi High Court Cites 18 - Cited by 0 - J R Midha - Full Document

State Bank Of Travancore vs Prem Singh on 10 April, 2019

In Punjab Dairy Development Corporation Ltd. v. Kala Singh, (1997) 6 SCC 159, the employee was dismissed from service after holding a domestic inquiry on the charge that he inflated the quantum of milk supplies and fat contents. The Supreme Court upheld the dismissal on the ground that the management had lost the confidence that the employee would truthfully and carefully carry on his duties.
Delhi High Court Cites 34 - Cited by 27 - J R Midha - Full Document

Air India Ltd. vs Sanjay Kaura on 3 July, 2019

Delhi High Court Cites 18 - Cited by 1 - J R Midha - Full Document

Management Of Telco (Tata Engineering ... vs Anita Sharma on 24 June, 2020

Similarly in Punjab Dairy Development Corpn. Ltd. v. Kala Singh this Court considered the case of a workman who was working as a Dairy Helper- cum-Cleaner for collecting milk from various centres and was charged for the misconduct that he inflated the quantum of milk supplies in the milk centres and also inflated the quality of fat contents where there were less fat contents. The Court held (at SCC pp. 161-62, para 4) that in view of the proof of misconduct a necessary consequence will be that the management had lost confidence that the workman would truthfully and faithfully carry on his duties and consequently the Labour Court rightly declined to exercise the power under Section 11-A of the ID Act to grant relief with minor penalty."
Jharkhand High Court Cites 17 - Cited by 0 - R Mukhopadhyay - Full Document

State Bank Of Patiala vs Ram Niwas Bansal (Dead) Through Lrs. on 3 March, 2014

20. At this stage, we may refer with profit to the authority in Punjab Dairy Development Corporation Ltd. and another v. Kala Singh and others 9 wherein a three-Judge Bench was dealing with a reference made by a Bench of three Judges to consider the correctness of the decision in Desh Raj Gupta v. Industrial Tribunal IV, U.P. 10 . The three-Judge Bench referred to the 8 (1980) 2 SCC 593 9 (1997) 6 SCC 159 10 (1991) 1 SCC 249 18 necessitous facts that the respondent therein, Kala Singh, was working as a Dairy Helper-cum-Cleaner for collecting the milk from various centres. He was charged with misconduct and after conducting due domestic enquiry, the disciplinary authority dismissed him from service. On reference, the labour court found that the domestic enquiry conducted by the employer-appellant was defective. Consequently, opportunity was granted to the management to adduce evidence afresh to justify the order of dismissal and, accordingly, the evidence was adduced by the appellant and the delinquent-respondent. On consideration of the evidence the labour court found that the charge had been proved against the respondent and opined that the punishment was not disproportionate to the magnitude of misconduct of the respondent. In a writ petition the High Court set aside the award of the labour court to the extent of confirmation of the dismissal from service with effect from the date of the judgment of the labour court and not from any date earlier thereto.
Supreme Court - Daily Orders Cites 34 - Cited by 0 - D Misra - Full Document
1   2 3 4 5 6 7 8 9 10 Next