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december 2007

Supreme Court of India · 2007-12-03

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

Citation / case number
AIR 2007 SC (SUPP) 1752
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 held that under Section 11A of the Industrial Disputes Act, 1947, the Labour Court has the authority to modify the punishment awarded to an employee for misconduct, but must consider the gravity of the misconduct. In this case, the Court found that the Division Bench of the Karnataka High Court erred in reinstating the workman with continuity of service despite his repeated unauthorized absences, which constituted gross misconduct. The Court ultimately upheld the Labour Court's decision to impose a lesser penalty of stoppage of increments but clarified that reinstatement should not include continuity of service due to the workman's history of misconduct.

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