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Mahindra And Mahindra Ltd vs N.B. Narawade on 22 February, 2005

19. Mahindra & Mahindra Ltd. (supra), has been cited to establish that "Punishment of dismissal for using of abusive language cannot be held to be disproportionate." In that case the workman used abusive language against a superior officer, twice, in the presence of his subordinates. That the workman was charge-sheeted more than once on earlier occasions was also taken as a circumstance to indicate that the action of the management is not vindictive.
Supreme Court of India Cites 9 - Cited by 265 - Full Document

Bharat Forge Company Limited vs A.B. Zodge And Anr on 20 February, 1996

The position of law has been reiterated in Bharat Forge Co. Ltd (supra). In that case, before the closure of the proceedings before the Tribunal, prayer was made by the employer to lead evidence in support of the impugned order of dismissal. Apex Court held that, "denial of the opportunity to the employer to lead evidence before the Tribunal in support of the order of dismissal cannot be justified." The law in this regard had been further reiterated in John D'souza (supra). It is held that when the 26 W.A.Nos.756/2020, 757/2020 & 810/2020 Labour Court/Tribunal finds that the domestic enquiry suffers from one or the other legal ailment, the Labour Court/Tribunal shall permit the parties to adduce their respective evidence and on appraisal thereof the Labour Court/Tribunal shall conclude its enquiry whether the discharge or any other punishment including dismissal was justified. Apparently, the Tribunal did not proceed to the second stage, as held in John D'souza (supra). In the light of the above discussion, when a request was made by the Management in their application under section 33(2)(b), that they did not ask for a further opportunity, after the issues were framed, cannot be reason to deprive them a chance to adduce evidence.
Supreme Court of India Cites 8 - Cited by 112 - G N Ray - Full Document
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