Niyam v2 is live — start for just ₹100 — 200 credits to try

december 2007

Supreme Court of India · 2007-12-03

M/S. L&T; Komatsu Ltd vs N. Udayakumar

Court
Supreme Court of India
Petitioner
M/S. L&T; Komatsu Ltd
Respondent
N. Udayakumar
Author
Arijit Pasayat
Bench
Arijit Pasayat, P. Sathasivam

Judgment text excerpt

The Supreme Court addressed the appeal concerning the reinstatement of a workman dismissed for unauthorized absence under the Industrial Disputes Act, 1947. The Court held that while the workman's misconduct was established, the punishment of dismissal was disproportionate to the offense, thus upholding the Labour Court's decision to reinstate the workman with continuity of service but without back wages. The Court emphasized the need for proportionality in disciplinary actions under Section 11A of the Act, ultimately affirming the Division Bench's ruling.

M/S. L&T; Komatsu Ltd vs N. Udayakumar · Niyam