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1 - 10 of 24 (0.23 seconds)Section 23 in The Indian Contract Act, 1872 [Entire Act]
Article 21 in Constitution of India [Constitution]
Article 226 in Constitution of India [Constitution]
Article 227 in Constitution of India [Constitution]
Article 19 in Constitution of India [Constitution]
Section 10 in The Indian Contract Act, 1872 [Entire Act]
Binny Ltd vs Their Workmen on 15 February, 1972
Reliance was also placed on the case of Binny Limited v. Their Workmen, 1973(26) F.L.R. 423. This was for the purpose of showing that in a case of misconduct by a workman in obtaining leave on false representation and the Management raising the question of losing confidence in the workman, the reinstatement and payment of back wages ordered by the Labour Court was held to be wrong by the Supreme Court.
Francis Klein & Co. (P) Ltd. vs Their Workmen And Anr. on 17 September, 1971
Another case to which my attention was invited is of Francis Klein v. Their Workmen, 1971(2) L.L.J. 615. This was for the purpose of showing that there was no justification in ordering reinstatement of a workman if the employer looses confidence in his employee particularly in respect of a person who is discharging an office of trust and confidence.
Air India Corporation, Bombay vs V. A. Rebellow & Anr on 24 February, 1972
One more ruling cited by the learned Counsel is in the case of Air India Corporation v. V.A. Rebellow and another, 1972(1) L.L.J. 501 and this was for the purpose of showing that once bona fide loss of confidence is affirmed the impugned order must be considered to be immune from challenge. The opinion formed by the employer about the suitability of his employee for the job assigned to him even though erroneous, if bona fide is final and not subject to review by the industrial adjudication. Thus, the learned Counsel submitted, the opinion of the Management with regard to the misconduct and loss of confidence of the workman when it is bona fide is to be deemed as final and should not be subject to any review of challenge.