MANAGEMENT OF PANITOLE TEA ESTATE vs THE WORKMEN

The Supreme Court upheld the Labour Court's order for reinstatement of a dismissed workman, emphasizing that the domestic enquiry was flawed and violated principles of natural justice. The Court ruled that reinstatement is the general rule following wrongful dismissal unless there are compelling reasons to deny it, such as loss of confidence in the employee, which was not substantiated in this case. The Court affirmed that the discretion to order reinstatement or compensation lies with the Labour Court, considering factors like the employee's past record and the nature of the industrial establishment, and declined to interfere under Article 136 of the Constitution.