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T. S. SIVAGNANAM, HIRANMAY BHATTACHARYYA
Supreme And Company – Appellant
Versus
Netai Bhaduri – Respondent
JUDGMENT
Hiranmay Bhattacharyya, J. - This intra-court mandamus appeal is at the instance of the writ petitioner/employer and is directed against an order dated August 1, 2014 passed by a learned Single Judge in WP 13544 (W) of 2002 with CAN 2334 of 2014 thereby refusing to interfere with the award dated May 29, 2002 passed by the learned judge 8th Industrial Tribunal, West Bengal ( for short 'the Tribunal') in case no. VIII-52/99.
2. The appellant/ management dismissed the respondent no. 1 from service vide letter dated 22.02.96. The respondent no. 1 protested against such alleged illegal termination before the Labour Department, Government of West Bengal. The Governor in exercise of power conferred by Section 10 read with Section 2(A) of the Industrial Disputes Act, 1947 (for short 'the 1947 Act') referred the dispute before the Tribunal for adjudicating as to whether the termination is justified.
3. The respondent no. 1 filed his written statement before the Tribunal contending that he was a permanent employee under the appellant. He went to the factory premises on January 6, 1996 to collect his outstanding dues as per the instruction of the management. When he was about to leave t
The main legal point established is that an employer is justified in dismissing an employee for misconduct, even without a domestic enquiry, if the misconduct is admitted and proven. The court also e....
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The Labour Court must first determine the validity of domestic enquiry before evaluating evidence presented for dismissal in industrial disputes.
The dismissal of workmen based on a domestic enquiry must be justified, and the impact of acquittal in a criminal case on the charges in the domestic enquiry should be considered. Additionally, the a....
Section 17 B of I.D.Act reads as payment of full wages to workman pending proceedings in higher courts.
Point of Law : Satisfaction under Section 11-A, about the guilt or otherwise of the workman concerned, is that of the Tribunal. It has to consider the evidence and come to a conclusion one way or oth....
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