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1 - 5 of 5 (0.35 seconds)B.C. Chaturvedi vs Union Of India And Ors on 1 November, 1995
8. It is by now well settled that after the introduction of
Section 11-A of the Act, certain amount of discretion is vested
with the Labour Court/Industrial Tribunal in interfering with the
quantum of punishment awarded by the Management where the
concerned workman is found guilty of mis-conduct. Such area of
discretion is certainly not unlimited and can be exercised under
Section 11-A of the Act only on existence of certain factors like
punishment being shockingly dis-proportionate to the gravity of
the mis-conduct or the existence of any mitigating circumstance
which require the reduction as regards punishment/penalty.
Reference in this regard may be made to the judgments of the
Hon'ble Supreme Court in B.C.Chaturvedi v. Union of India, 1996
(1) SCT 617; U.P. State Road Transport Corpn. v. Subhash
Chandra Sharma & Ors., 2000(2) SCT 312 and Mahindra and
Mahindra Ltd. v. N.B.Naravade, 2005(2) SCT 236.
U.P. State Road Transport Corporation vs Subhash Chandra Sharma & Ors on 15 March, 2000
8. It is by now well settled that after the introduction of
Section 11-A of the Act, certain amount of discretion is vested
with the Labour Court/Industrial Tribunal in interfering with the
quantum of punishment awarded by the Management where the
concerned workman is found guilty of mis-conduct. Such area of
discretion is certainly not unlimited and can be exercised under
Section 11-A of the Act only on existence of certain factors like
punishment being shockingly dis-proportionate to the gravity of
the mis-conduct or the existence of any mitigating circumstance
which require the reduction as regards punishment/penalty.
Reference in this regard may be made to the judgments of the
Hon'ble Supreme Court in B.C.Chaturvedi v. Union of India, 1996
(1) SCT 617; U.P. State Road Transport Corpn. v. Subhash
Chandra Sharma & Ors., 2000(2) SCT 312 and Mahindra and
Mahindra Ltd. v. N.B.Naravade, 2005(2) SCT 236.
Mahindra And Mahindra Ltd vs N.B. Narawade on 22 February, 2005
8. It is by now well settled that after the introduction of
Section 11-A of the Act, certain amount of discretion is vested
with the Labour Court/Industrial Tribunal in interfering with the
quantum of punishment awarded by the Management where the
concerned workman is found guilty of mis-conduct. Such area of
discretion is certainly not unlimited and can be exercised under
Section 11-A of the Act only on existence of certain factors like
punishment being shockingly dis-proportionate to the gravity of
the mis-conduct or the existence of any mitigating circumstance
which require the reduction as regards punishment/penalty.
Reference in this regard may be made to the judgments of the
Hon'ble Supreme Court in B.C.Chaturvedi v. Union of India, 1996
(1) SCT 617; U.P. State Road Transport Corpn. v. Subhash
Chandra Sharma & Ors., 2000(2) SCT 312 and Mahindra and
Mahindra Ltd. v. N.B.Naravade, 2005(2) SCT 236.
Article 226 in Constitution of India [Constitution]
1