M/S. L&T KOMATSU LTD. vs N. UDAYAKUMAR

The Supreme Court held that the dismissal of the workman for unauthorized absence was justified, but the punishment was disproportionate given the circumstances. The Court emphasized that while the workman had a history of misconduct, the Labour Court's decision to reinstate him with continuity of service was reasonable, and the Division Bench's modification to allow reinstatement without continuity was incorrect. The Court ultimately upheld the Division Bench's order for reinstatement with continuity of service but without back wages, affirming the need for proportionality in disciplinary actions under the Industrial Disputes Act, 1947, specifically referencing Sub-section (4A) of Section 10.