colourable exercise of power
has lost validity and loss of confidence has gained
ground. The law is simply this: The Tribunal has the
power ... such action
is bad and is liable to be set aside. Loss of
confidence is no new armour for the management;
otherwise security of tenure
colourable exercise of power
has lost validity and loss of confidence has gained
ground. The law is simply this: The Tribunal has the
power ... such action
is bad and is liable to be set aside. Loss of
confidence is no new armour for the management;
otherwise security of tenure
untenable view. According to learned Counsel, termination of service for loss of confidence amounted to retrenchment and nothing more.
7. Having heard learned Counsel ... Chandu Lal 's case, supra, that the plea of loss of confidence in the employee indeed casts a stigma. As was pointed
lost the confidence in the
employee and the bona fide loss of confidence is
affirmed, the order of punishment must be considered
to be immune ... master with good
faith and fidelity. In a case of loss of confidence,
reinstatement cannot be directed. Granting such an
employee the relief of reinstatement
also pressed into service the plea of loss of confidence. In para 46 of the petition, the petitioner says that there is absolute loss ... confidence and faith amongst the parties which was the very basis for incorporating Venkateswara; that if the company is wound up irreparable loss will
also pressed into service the plea of loss of confidence. In para 46 of the petition, the petitioner says that there is absolute loss ... confidence and faith amongst the parties which was the very basis for incorporating Venkateswara; that, if the company is wound up, irreparable loss will
learned counsel for the petitioner submitted that in cases
of loss of confidence there can be no reinstatement, it can be
only compensation. Therefore ... also submitted
that there is no plea or charge regarding loss of confidence
and therefore, it cannot be considered.
14. Placing reliance on the decision
where the order of termination was termed as loss of confidence', the Supreme Court took the view that the said orders are bound ... Labour Court that when service is terminated on the basis of loss of confidence the order does not amount to one with stigma and does
another dictionary, 'Stigma' is a matter for moral reproach.
Loss of confidence by the employer in the employee is a feature which certainly ... held in Chandu Lal's case, (supra), that allegation of loss of confidence amounted to a stigma. The ratio in the case of Jagdish
took the stand in the adjudication that termination was grounded upon loss of confidence and substantiated that allegation by leading evidence. The legal position firmly ... facts of the present case, the order of separation grounded upon loss of confidence has been justified before the Labour Court and the Labour Court
