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SUREPALLI NANDA
Regional Manager, APSRTC – Appellant
Versus
G. S. Bangaram – Respondent
ORDER:
1. Heard the learned standing counsel appearing on behalf of the petitioners and learned counsel for the respondents.
2. This Writ Petition is filed to issue a Writ of Certiorari calling for records relating to the Impugned Award dated 20.08.2009 in I.D. No. 46/2009 published in G.O.Rt.No. 1587, Labour Employment Training and Factories (LAB-I) Department, dated 23.11.2009 allowing the petition in part and directing the petitioners herein to reinstate the 1st respondent into service together with continuity of service, increments, and back-wages and quash the same.
3. The Case of the petitioner in brief is as follows:
(b) The Preliminary Enquiry conducted against the 1st Respondent herein had been proved and the 1st respondent had been suspended from service and charge sheet had been issued by the 3rd Petitioner on 16.11.2006.
(c) Not satisfied by the Written Explanation submitted by the 1st respondent, the 3rd petitioner ordered detailed enquir
Award cannot be unsettled, invoking the power of this Court under Article 226 of the Constitution of India
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Labour Courts must refrain from re-evaluating evidence after confirming the fairness of a disciplinary inquiry; interference is only permissible when findings are perverse or lack evidence.
The main legal point established in the judgment is the interpretation of Section 11-A of the Industrial Disputes Act and the principles governing the jurisdiction of the Tribunal when adjudicating d....
Stage for interference under Section 11-A by the Tribunal is reached only when it has to consider the punishment after having accepted the finding of guilt recorded by an employer.
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....
The Labour Court must record subjective satisfaction regarding the proportionality of punishment before modifying a dismissal to a lesser penalty under the Industrial Disputes Act.
The central legal point established in the judgment is the liberal interpretation of Section 11A of the Industrial Disputes Act, 1947, emphasizing the power of the Tribunal to set aside the order of ....
Misconducts - Award Modified - Workman was earning by plying rickshaw since his dismissal i.e. from 1990, appropriate relief may be moulded in favour of workman by tilting balance -Workman be paid re....
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