National Tribunals to give appropriate relief in case of discharge or dismissal of workmen. [ Inserted by Act 45 of 1971, Section ... dismissal was not justified, it may, by its award, set aside the order of discharge or dismissal and direct reinstatement of the workman on such
dismissal was not justified, it may, by its award, set aside
the order of discharge or dismissal and direct reinstatement
of the workmen or reduce ... passed orders discharging
the workmen. Before the Tribunal, the employer adduced
evidence justifying the action taken against the workmen.
The workmen were also given
workmen under section 10 . The
workman would be entitled to raise an industrial dispute in
regard to the order of discharge or dismissal and have ... reinstated the workman.
It was urged on behalf of the workman that if this view were
taken, it would rob the workman of the protection
difference between employers and employers, or between employers and workmen, or between workmen and workmen, which is connected with the employment or non-employment ... individual workman, any dispute or difference between that workman and his employer connected with, or arising out of, such discharge, dismissal, retrenchment or termination shall
workman. Further, he has urged that the same is a
grave misconduct on the part of the respondent-workman which warranted an
order of dismissal ... order of
dismissal by holding that the order of dismissal is disproportionate,
without there being any plea or evidence adduced by the workman in this
between the employers and employers;(ii) between employers and workmen, and (iii) between workmen and workmen, provided such dispute is connected with the employment ... cause of the workman was espoused by a body of workmen. (See Bombay Union of Journalists v. The Hindu (supra), and Workmen of Dharam
discharging or dismissing a workmen, he should immediately pay the workman or offer to pay the workman wages for one month and also make ... workman under Section 10 which the workman would be entitled to raise.
(m) Even if the order of discharge or dismissal has been passed
given case the workmen resorted to strike demanding reinstatements of the workmen whose dismissal constituted the subject matter of proceedings under ... remedy to an individual workman and if the workman insists that the dispute relating to his dismissal should be referred for adjudication, the Government
difference between employers and employers, or between employers and workmen, or between workmen and workmen, which is connected with the employment or non-employment ... individual workman, any dispute or difference between that workman and his employer connected with, or arising out of such discharge dismissal, retrenchment or termination shall
exercised only in cases which relate to discharge or dismissal of a workman and not otherwise. On the other hand Mr. Prabhakar Upadhyay, learned counsel ... cases of discharge or dismissal. The use of the expression relating to the discharge, or dismissal of a workman clearly shows that the Legislature intended