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march 1984

Supreme Court of India · 1984-03-15

JlTENTDRA SINGH RATHOR vs SHRIBAIDYANATH AYURVED BHAWAN LTD. & ANR.

Citation / case number
SC 1984/68403
Court
Supreme Court of India
Petitioner
JlTENTDRA SINGH RATHOR
Respondent
SHRIBAIDYANATH AYURVED BHAWAN LTD. & ANR.
Bench
MISRA RANGNATH

Judgment text excerpt

The Supreme Court held that the High Court erred in vacating the Industrial Tribunal's order of reinstatement under Article 227 of the Constitution, as the Tribunal had established misconduct but deemed termination unwarranted. The Court restored the Tribunal's award, emphasizing that under Section 11A of the Industrial Disputes Act, 1947, the Tribunal has discretion to grant relief, including reinstatement and back wages. The High Court's substitution of reinstatement with compensation was deemed unjustified and without legitimate basis.

JlTENTDRA SINGH RATHOR vs SHRIBAIDYANATH AYURVED BHAWAN LTD. & ANR. · Niyam