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february 1998

Supreme Court of India · 1998-02-05

COLOUR-CHEM LIMITED vs A.L. ALASPURKAR & ORS.

Citation / case number
SC 1992/87192
Court
Supreme Court of India
Petitioner
COLOUR-CHEM LIMITED
Respondent
A.L. ALASPURKAR & ORS.
Author
S.B. MAJMUDAR,M. JAGANNADHA RAO,A.P. MISRA
Bench
S.B. MAJMUDAR,M. JAGANNADHA RAO,A.P. MISRA

Judgment text excerpt

The Supreme Court upheld the order of the Labour Court reinstating the respondents with back wages, finding that the dismissal of the workmen for sleeping on duty was grossly disproportionate to the misconduct. The Court noted that while the misconduct was established, the punishment imposed by the management was excessive and constituted an unfair labour practice under Clause (g) of Item 1 of Schedule IV of the Maharashtra Recognition of Trade Union & Prevention of Unfair Labour Practices Act, 1971. The Court confirmed the reinstatement order and the back wages awarded by the Labour Court.

COLOUR-CHEM LIMITED vs A.L. ALASPURKAR & ORS. · Niyam