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1 - 10 of 22 (0.25 seconds)The Companies Act, 1956
Article 226 in Constitution of India [Constitution]
The Industrial Disputes Act, 1947
Madhya Pradesh Electricity Board vs Jagdish Chandra Sharma on 4 March, 2005
(Emphasis
supplied)
Signature Not Verified
Signed by: SHAILESH PATIL
Signing time: 8/20/2025
5:48:44 PM
18 WA-837-2024
9.2 The Hon'ble Supreme Court in the case of M.P. Electricity Board
(supra) held as under:
Mahindra And Mahindra Ltd vs N.B. Narawade on 22 February, 2005
It is not necessary to multiply
authorities on this question, since the matter has been
dealt with in detail in a recent decision of this Court
in Mahindra and Mahindra Ltd. v. N.B.
Narawade [(2005) 3 SCC 134 : (2005) 2 Scale 302] .
This Court summed up the position thus: (SCC p. 141,
para 20)
"20. It is no doubt true that after introduction
of Section 11-A in the Industrial Disputes
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
workman concerned is found guilty of
misconduct. The said area of discretion has
been very well defined by the various
judgments of this Court referred to
hereinabove and it is certainly not unlimited
as has been observed by the Division Bench
of the High Court. The discretion which can
be exercised under Section 11-A is available
only on the existence of certain factors like
punishment being disproportionate to the
gravity of misconduct so as to disturb the
conscience of the court, or the existence of
any mitigating circumstances which require
the reduction of the sentence, or the past
conduct of the workman which may persuade
the Labour Court to reduce the punishment."
Ram Lal And Ors. vs State Of Rajasthan And Ors. on 3 June, 2004
10.2 As regards judgment in the case of Ram Lal Vs. State of
Rajasthan and others (supra) relied by counsel for the respondents, it was a
case where on same set of facts the accused was acquitted by the criminal
Court, but in the present case the trial is still in progress before the concerned
Court. Thus, there cannot be any benefit of the said case to the respondents in
the present case. If the respondents wanted to rely on the ratio of the said
case, then they should have requested for awaiting outcome of the criminal
trial by moving appropriate application in the proceedings and by stating that
the enquiry before the trial Court and the criminal Court is based on same set
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Signed by: SHAILESH PATIL
Signing time: 8/20/2025
5:48:44 PM
24 WA-837-2024
of facts but nothing of this sort was done by them.
Management Of Krishnakali Tea Estate vs Akhil Bharatiya Chah Mazdoor Sangh & Anr on 10 September, 2004
Recently, in Muriadih Colliery
BCC Ltd. v. Bihar Colliery Kamgar
Union [(2005) 3 SCC 331 : JT (2005) 2 SC
444] this Court after referring to and quoting
the relevant passages from Krishnakali Tea
Estate v. Akhil Bharatiya Chah Mazdoor
Sangh [(2004) 8 SCC 200 : 2004 SCC (L&S)
1067 : (2004) 7 Scale 608] and Tournamulla
Estate v. Workmen [(1973) 2 SCC 502 : 1973
SCC (L&S) 510] held: (SCC p. 336, para 17)
"The courts below by condoning an act of
physical violence have undermined the
discipline in the organisation, hence, in the
above factual backdrop, it can never be said
that the Industrial Tribunal could have
exercised its authority under Section 11-A of
the Act to interfere with the punishment of
dismissal."
Section 323 in The Indian Penal Code, 1860 [Entire Act]
Shailendra Kumar vs Divisional Forest Officer on 6 July, 2017
1.2 Initially objection regarding maintainability of the appeals was
taken by the registry of this Court, which was overruled by the Court vide
order dated 30.04.2024 in view of the Full Bench decision of this Court in
the case of Shailendra Kumar Vs. Divisional Forest Officer, reported in 2017
(4) MPLJ 109.