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1 - 10 of 14 (0.29 seconds)Section 11A in The Industrial Disputes Act, 1947 [Entire Act]
Colour-Chem Limited vs A.L. Alaspurkar & Ors on 5 February, 1998
32. Learned counsel has relied on the judgment of
the Division Bench of this Court in Hindustan Aeronautics
Limited, supra to support the plea of reinstatement as it
was a case of 103 days unauthorised absence. This Court
has considered the said judgment. It was rendered in a
situation where the employee was found to be suffering from
Asthama.
L. Michael & Anr vs M/S. Johnston Pumps India Ltd on 10 February, 1975
Burn & Co., Calcutta vs Their Employees(And Connected Appeal) on 11 October, 1956
State Bank Of Patiala & Ors vs S.K.Sharma on 27 March, 1996
Delhi Transport Corporation vs Sardar Singh on 12 August, 2004
Syed Zaheer Hussain vs Union Of India (Uoi) And Ors. on 4 December, 1998
33. The judgment in Syed Zaheer Hussain vs.
Union of India8, is also rendered in the factual background
obtained in the said case and cannot be said to be having
laid down any law.
Krushnakant B. Parmar vs Union Of India & Anr on 15 February, 2012
The judgment in Krushnakanth B.
Paramar vs. Union of India9 also does not come to the aid
of the petitioner as the petitioner has not established that his
absence is due to unavoidable circumstances beyond his
control. Excluding 8 days where petitioner claims he was not
keeping well, for the remaining period of 10 days the
absence is proved to be wilful.
J.K.Synthetics Ltd. Ã Appellant vs K.P.Agrawal & Anr. Ã Respondents on 1 February, 2007
39. At this juncture, it is necessary to notice the law
laid down in J.K.Synthetics v/s K.P.Agrawal 10. In the said
case, the Apex Court has held that when the penalty of
termination from employment is substituted for a lesser
penalty, on the ground that it is disproportionate to the
proved misconduct, the reinstated workman is not entitled to
back wages, as the penalty of dismissal is for the misconduct
proved and substitution of lesser penalty is in exercise of
discretion on the premise that the penalty is
disproportionate.