Misconduct

Industrial dispute – Dismissed some workers as they disobeyed the management orders – workmen contended it’s a additional work with out any additional wages – Tribunal find misconduct as proved – but set aside the dismissal order as it is not in proportionate of offence committed and directed to reinstate with 50% back wages – High court confirmed the same and dismissed the management writ – Apex court held – Tribunal finding about prove of misconduct is also wrong as the protest of worker is valid one as per law as it is a additional work with out additional wages – scope of or .41, rule 22 c.p.c. applied a winning party can even though there was no counter appeal challenge the negative findings against him – Since workers not filed any appeal on back wages final relief – confirmed the orders of lower courts and dismissed the civil appeal filed by management = Management of Sundaram Industries Ltd. …Appellant Versus Sundaram Industries Employees Union …Respondent = Published in judis.nic.in/supremecourt/filename=41089

Industrial dispute – Dismissed some workers as they disobeyed the management orders – workmen contended it’s a additional work with out any additional wages – Tribunal find misconduct as proved – but set aside the dismissal order as it is not in proportionate of offence committed and directed to reinstate with 50% back wages – … Continue reading →