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december 2013

Supreme Court of India · 2013-12-13

Mgmt. Of Sundaram Industries Ltd vs Sundaram Industries Employee Union

Citation / case number
AIRONLINE 2013 SC 183
Court
Supreme Court of India
Petitioner
Mgmt. Of Sundaram Industries Ltd
Respondent
Sundaram Industries Employee Union
Author
T.S. Thakur
Bench
Vikramajit Sen, T.S. Thakur

Judgment text excerpt

The Supreme Court upheld the decision of the Industrial Tribunal which found that while the domestic inquiry against the workmen was fair, the punishment of dismissal was shockingly disproportionate to the misconduct of persistent disobedience. The Court emphasized that the Tribunal's authority to assess the proportionality of punishment is well-established under the Industrial Disputes Act, 1947, particularly Section 11A. The Court affirmed the Tribunal's order for reinstatement of the workmen with 50% back wages, rejecting the appellant's appeal against the High Court's dismissal of their writ petition.

Mgmt. Of Sundaram Industries Ltd vs Sundaram Industries Employee Union · Niyam