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.