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december 2008

Supreme Court of India · 2008-12-12

M.D.,Balasaheb Desai Sahakari S.K.Ltd vs Kashinath Ganapati Kambale

Citation / case number
AIR 2008 SC (SUPP) 1087
Court
Supreme Court of India
Petitioner
M.D.,Balasaheb Desai Sahakari S.K.Ltd
Respondent
Kashinath Ganapati Kambale
Author
S.B. Sinha
Bench
Cyriac Joseph, S.B. Sinha

Judgment text excerpt

The Supreme Court upheld the decision of the Labour Court under Section 78 of the Bombay Industrial Relations Act, 1946, which reinstated the respondent with 50% back wages after finding the termination disproportionate to the misconduct. The Court affirmed that the disciplinary proceedings were valid but noted that the punishment of dismissal was excessive given the nature of the charges. The appeal by the Cooperative Society was dismissed, confirming the Labour Court's award of reinstatement and partial back wages.

M.D.,Balasaheb Desai Sahakari S.K.Ltd vs Kashinath Ganapati Kambale · Niyam