Supreme Court of India · 2008-12-12
M.D.,BALASAHEB DESAI SAHAKARI S.K.LTD. vs KASHINATH GANAPATI KAMBALE
- Citation / case number
- SC 2007/21020
- Court
- Supreme Court of India
- Petitioner
- M.D.,BALASAHEB DESAI SAHAKARI S.K.LTD.
- Respondent
- KASHINATH GANAPATI KAMBALE
- Author
- S.B. SINHA
- Bench
- S.B. SINHA,CYRIAC JOSEPH, , ,
Judgment text excerpt
The Supreme Court upheld the Labour Court's decision to reinstate the respondent, a peon dismissed for misconduct, under the Bombay Industrial Relations Act, 1946, specifically Sections 78 and 79. The Court found that the punishment of termination was grossly disproportionate to the misconduct, which included late attendance and absence without leave. The Court affirmed the Labour Court's award of reinstatement with continuity of service and 50% back wages, emphasizing the need for proportionality in disciplinary actions.