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february 2005

Supreme Court of India · 2005-02-22

EMPLOYERS,MGMT.,M.COLLIERY,M/S.BCCL LTD. vs BIHAR COLLIERY KAMGAR UNION THR.WORKMEN

Citation / case number
SC 2002/21630
Court
Supreme Court of India
Petitioner
EMPLOYERS,MGMT.,M.COLLIERY,M/S.BCCL LTD.
Respondent
BIHAR COLLIERY KAMGAR UNION THR.WORKMEN
Author
SANTOSH HEGDE
Bench
N. SANTOSH HEGDE & S.B. SINHA

Judgment text excerpt

The Supreme Court upheld the Central Industrial Tribunal's award under Section 10 of the Industrial Disputes Act, 1947, which found the misconduct of two workmen but reduced their punishment from dismissal to reinstatement without back wages and with a permanent stoppage of one increment. The Court affirmed that while the workmen were guilty of physical assault, the severity of the punishment was not justified given the context of their actions. The Court held that the Tribunal's decision to allow continuity of service was appropriate under the circumstances.

EMPLOYERS,MGMT.,M.COLLIERY,M/S.BCCL LTD. vs BIHAR COLLIERY KAMGAR UNION THR.WORKMEN · Niyam