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Uranium Corporation Of India Ltd. vs Presiding Officer, Central Government ... on 26 August, 2002
cites
Janatha Bazar (South Kanara Central ... vs The Secretary, Sahakari Noukarara ... on 21 September, 2000
In the case of Jamatha Bazar South Kanara Central Co-operative Wholesale Stores Ltd. and Ors. v. Secretary Sahkari Noukarara Sangha and Ors., (2000) 7 SCC 517, the employees of the Cooperative Society were charge-sheeted for breach of trust and misappropriation of money. After holding a domestic inquiry all the employees were dismissed. In reference case under Section 10 of the I.D. Act the Labour Court found the charges proved and established. However, in view of the past clean records of the delinquents the Labour Court, in exercise of its discretionary power under Section 11-A of the Act, ordered their reinstatement with 25% back wages. The award of the Labour Court was upheld by the High Court. The Cooperative Society moved the Supreme Court. The Apex Court, after setting aside the decision of the High Court observed :
Municipal Committee, Bahadurgarh vs Krishnan Behari And Ors on 19 February, 1996
"As stated above, the learned Single Judge and the Division Bench in writ appeals confirmed the findings given by the Labour Court that charges against the workmen for breach of trust land misappropriation of funds entrusted to them for the value mentioned in the charge sheet had been established. After giving the said findings, in our view, the Labour Court materially erred in setting aside the order passed by the management removing the workman from service and reinstating them with 25% back wages. Once an act of misappropriation is proved, may be for a small or large amount, there is no question of showing uncalled for sympathy and reinstating the employees in service. Law on this point is well settled. Re: Municipal Committee Bahadurgarh v. Krishnan Behari.
Punjab Diary Development Corporation vs Kala Singh Etc on 7 May, 1997
In the case of Punjab Dairy Development Corporation Ltd. and Anr. v. Kala Singh, AIR 1997 SC 2661 their Lordships observed :
Section 10 in The Industrial Disputes Act, 1947 [Entire Act]
Section 17B in The Industrial Disputes Act, 1947 [Entire Act]
Article 226 in Constitution of India [Constitution]
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