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november 1964

Supreme Court of India · 1964-11-09

HIND CONSTRUCTION & ENGINEERING CO. LTD. vs THEIR WORKMEN

Citation / case number
SC 1963/290
Court
Supreme Court of India
Petitioner
HIND CONSTRUCTION & ENGINEERING CO. LTD.
Respondent
THEIR WORKMEN
Bench
HIDAYATULLAH

Judgment text excerpt

The Supreme Court held that the dismissal of 11 permanent workmen for a one-day strike was disproportionate and constituted victimization, thus justifying the Tribunal's interference. The Court ruled that the Tribunal has the authority to examine the severity of punishment when it is so excessive that no reasonable employer would impose it, as per established principles of unfair labour practices. The dismissal was set aside, and reinstatement was ordered, affirming the Tribunal's decision.

HIND CONSTRUCTION & ENGINEERING CO. LTD. vs THEIR WORKMEN · Niyam