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1 - 10 of 45 (0.33 seconds)Section 2 in The Factories Act, 1948 [Entire Act]
The Factories Act, 1948
Article 226 in Constitution of India [Constitution]
Section 4 in The Factories Act, 1948 [Entire Act]
Article 12 in Constitution of India [Constitution]
Section 28A in The Rajasthan Shops and Commercial Establishments Act, 1958 [Entire Act]
Govt. Of A.P. & Ors vs Mohd. Narsullah Khan on 31 January, 2006
39. It is trite law that this Court in exercise of its powers of judicial review can interfere in a disciplinary matter only when it finds that the findings recorded by the enquiry officer and/or disciplinary authority are based on no evidence and there are no materials to support the conclusions so arrived at or if the material on the basis with such conclusion has been reached was such that no reasonable or prudent man on that basis could have arrived at such conclusion. The Hon'ble Supreme Court in Govt. of A.P. and Ors. v. Mohd. Nasrullah Khan while considering the very same question observed in para 11 as under:
Indian Oil Corporation Ltd. & Anr vs Ashok Kumar Arora on 5 February, 1997
40.Their Lordships of the Hon'ble Supreme Court in Indian Oil Corporation Ltd. and Anr. v. Ashok Kumar Arora while considering the scope of interference by the High Court in cases relating to departmental enquiries observed in para 20 as under:
State Of Andhra Pradesh vs S. Sree Rama Rao on 10 April, 1963
20. At the outset, it needs to be mentioned that the High Court in such cases of departmental enquiries and the findings recorded therein does not exercise the powers of appellate court/authority. The jurisdiction of the High Court in such cases is very limited for instance where it is found that the domestic enquiry is vitiated because of non-observance of principles of natural justice, denial of reasonable opportunity; findings are based on no evidence, and/or the punishment is totally disproportionate to the proved misconduct of an employee. There is a catena of judgments of this Court which had settled the law on this topic and it is not necessary to refer to all these decisions. Swfice it to refer to a few decisions of this Court on this topic viz. State of A.P. v. S. Sree Rama Rao , State of A.P. v. Chitra Venkata Rao , Corporation Of the City of Nagpur v. Ramchandra and Nelson Motis v. Union of India .