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may 2006

Supreme Court of India · 2006-05-12

NORTH EASTERN KARNATAKA R.T.CORPN. vs ASHAPPA

Citation / case number
SC 2005/8087
Court
Supreme Court of India
Petitioner
NORTH EASTERN KARNATAKA R.T.CORPN.
Respondent
ASHAPPA
Author
P.K. BALASUBRAMANYAN S.B. SINHA
Bench
P.K. BALASUBRAMANYAN S.B. SINHA

Judgment text excerpt

The Supreme Court upheld the Labour Court's decision regarding the dismissal of the Respondent, who had been found guilty of unauthorized absence under the provisions of the Industrial Disputes Act, 1947. The Court affirmed that while the Respondent's dismissal was justified, the Labour Court's imposition of a lesser punishment, denying back wages from the date of dismissal to the date of interim relief, was reasonable. The Court held that the Respondent was entitled to 75% of back wages from the date of interim relief, thus balancing the interests of justice and the employer's rights under Section 11A of the Industrial Disputes Act, 1947.

NORTH EASTERN KARNATAKA R.T.CORPN. vs ASHAPPA · Niyam