RAMA KANT MISRA vs STATE OF U.P. AND OTHERS

The Supreme Court held that under Section 11A of the Industrial Disputes Act, 1947, the Labour Court has the authority to substitute its own measure of punishment if the dismissal of a workman is found to be unjustified. The Court emphasized that punishment must be commensurate with the gravity of the offence, and in this case, the dismissal of the workman for using threatening language was deemed excessive given his 14 years of service and lack of prior misconduct. The Court ultimately ruled that the dismissal was not justified and reinstated the workman.