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.