M. G. S. KAMAL
Anwarbhashasab S/o. Mardansab Saragi – Appellant
Versus
Divisional Controller, NEKRTC – Respondent
ORDER :
1. The petitioner – workman is before this Court, seeking for the following reliefs:
(iii) Issue a writ, order or direction in the nature of mandamus directing the respondent to pay the increments for the year 2013 to 2016, in the interest of justice and equity.
(iv) Pass such other order or orders that are deemed fit under the facts and circumstances of the case.
2. The case of the petitioner is that, he was appointed as a Driver in the respondent – Corporation. That, a charge memo was issued to him alleging that, he was absent for a period of 44 days without sanction of leave between 13.07.2012 to 09.08.2012. An enquiry was conducted by the respondent – Corporation, wherein the petitioner was held to be on unauthorised abse
A.P State Road Transport Corporation and others Vs. Abdula Kareem
The court established that procedural fairness is essential in disciplinary inquiries, and failure to adhere to this can render dismissals invalid.
Unauthorized absence without prior permission may amount to misconduct, and the principles of natural justice must be complied with in conducting an enquiry under Section 33(2)(b) of the Industrial D....
The court established that a fair domestic enquiry and proportional punishment for habitual unauthorized absence from duty are essential under the Industrial Disputes Act, 1947, and that the burden o....
The court emphasized the distinct nature of proceedings under Section 33(2)(b) and Section 10 of the I.D. Act, and the limited jurisdiction of the court under Article 226 of the Constitution of India....
The termination of employment must be in accordance with the principles of natural justice, and compensation may be awarded in lieu of reinstatement depending on the circumstances.
Discretion under Section 11-A must be exercised judiciously; compassion cannot be the basis for modifying penalties in labor disputes involving misconduct.
The court clarified that judicial review in disciplinary matters is limited, focusing on procedural fairness and legality, thereby confirming the legality of dismissal for unauthorized absenteeism.
Modification of penalty that is imposed by disciplinary authority unless, in an exceptional circumstances, is a realm of the powers of Disciplinary Authority. Therefore matter is to be remitted back ....
Dismissal for unauthorized absenteeism upheld as justified despite claims of procedural unfairness due to failure of the petitioner to engage with the enquiry process.
The High Court cannot interfere in disciplinary proceedings under Article 226 when an alternate remedy exists under the Industrial Disputes Act, and it must not reappraise evidence or act as an appel....
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