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Documents citing The General Secretary, South Indian ... vs The Managing Director, Kerala State ... on 12 May, 2006

The Management vs Sri S Manjunath on 4 January, 2021

(emphasis supplied) In the light of the law laid down by the Apex court as followed by this Court, the interference of the Tribunal on the penalty of withholding of one increment for a period of four years without cumulative effect and to recover one month salary in fifteen installments by the Disciplinary Authority, by invoking its jurisdiction under Section 11A of the said Act is plainly impermissible. Therefore, the award of the Tribunal is unsustainable. If the interference of the Tribunal is not available under Section 11A of the said Act, in the facts and circumstances of the case, the examination with regard to, whether the finding of the Tribunal is justified or otherwise, would not arise.
Karnataka High Court Cites 9 - Cited by 0 - M Nagaprasanna - Full Document

The Cuddalore District Central ... vs The Presiding Officer on 13 June, 2013

"Learned counsel for the respondent cited two cases - Workmen v. Firestone Tyre & Rubber Co. of India (P) Ltd. and South Indian Cashew Factories Workers' Union v. Kerala State Cashew Development Corpn. Ltd., to contend that the Labour Court in exercise of its jurisdiction under Section 11-A could have come to a different conclusion. There is no quarrel with this proposition of law. The Labour Court could have awarded lesser punishment in the given facts and circumstances of the case. In a case where two views are possible on the evidence on record, then the Industrial Tribunal should be very slow in coming to a conclusion other than the one arrived at by the domestic tribunal by substituting its opinion in place of the opinion of the domestic tribunal."
Madras High Court Cites 24 - Cited by 0 - V Ramasubramanian - Full Document

The Depot Manager, Apsrtc, Piler Depot, ... vs 1. P.Prabhakar (Died) 2. P.Sarojamma ... on 6 March, 2014

In South Indian Cashew Factories Workers Union v. Kerala State Cashew Development Corporation Ltd., & Ors., the Supreme Court has held that the expansive adjudicatory powers of the Labour Court under section 11-A of the Act are available only in case of dismissal or discharge of a workman. In the present instance, at the very beginning the issue of the deceased workman approaching the Labour Court by invoking Section 2-A of the Act has been addressed elaborately. His approach was bona fide and based on an apparent direction of this Court, more particularly when the direction of this Court is taken as has been understood by a workman, who had only minimal education and who remained uninitiated into the legal nuances of judicial pronouncements. As such, once the approach under section 2-A stands condoned, the naturally corollary is that the adjudication ought to be under Section 11-A of the Act.
Andhra HC (Pre-Telangana) Cites 15 - Cited by 0 - D S Naidu - Full Document

Divisional Controller vs Shri Vinayak Karmachari Mandal on 22 February, 2018

19.1   By   conducting   proceedings   in   such   manner,  the   learned   Tribunal   committed   material  irregularity   i.e.   learned   Tribunal   travelled  beyond the boundary of its jurisdiction.  19.2 This aspect is born out from the record and  fortified   by   the   above   quoted   observation   by  Hon'ble   Apex   Court  in   case   of  Management   of   Bharat Heavy Electricals Ltd. v. M. Mani (Supra)  and the observation by Hon'ble Apex Court in case  of  General   Secretary,   South   Indian   Cashew  Factories   Workers   Union   vs.   Managing   Director,  Kerala State Cashew Development Corporation Ltd. (supra).
Gujarat High Court Cites 13 - Cited by 0 - K M Thaker - Full Document

Vinayak Himmatlal Rawal vs Bharat Petroleum Limited on 14 September, 2018

21. At   this   stage,   it   would   be   appropriate   to  take   into   account   the   decision   by   Hon'ble   Apex  Court   in  the   case   of  General   Secretary,   South  Indian   Cashew   Factories   Workers   Union   vs.  Managing   Director,   Kerala   State   Cashew   Development Corporation Ltd. [(2006) 5 SCC 201],  where Hon'ble Apex Court observed that:
Gujarat High Court Cites 15 - Cited by 0 - K M Thaker - Full Document
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