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august 2006

Supreme Court of India · 2006-08-08

Anand Regional Co. Op Oil S. Union Ltd vs Shaileshkumar Harshadbhai Shah

Citation / case number
AIRONLINE 2006 SC 234
Court
Supreme Court of India
Petitioner
Anand Regional Co. Op Oil S. Union Ltd
Respondent
Shaileshkumar Harshadbhai Shah
Author
S.B. Sinha
Bench
S.B. Sinha, Dalveer Bhandari

Judgment text excerpt

The Supreme Court addressed the dismissal of an employee under the Industrial Disputes Act, 1947, specifically Section 2(s) regarding the definition of 'workman'. The Court upheld the Labour Court's decision that the punishment of dismissal was excessive and disproportionate to the misconduct, emphasizing that a first-time offender should receive a lighter penalty. The Court affirmed the reinstatement of the employee with 25% backwages, concluding that the Labour Court did not err in its findings regarding the employee's involvement in the incident.

Anand Regional Co. Op Oil S. Union Ltd vs Shaileshkumar Harshadbhai Shah · Niyam