Supreme Court of India

Bharat Electronics Limited, Bangalore v. Industrial Tribunal, Karnataka, Bangalore and Anr.

Neutral citation
Reported as [1990] 1 S.C.R. 971
Bench Ranganath Misra J.
Decided 15 March 1990

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1 Supreme Court bench has cited this judgment.

What the Court ordered

For the foregoing reasons, we allow this appeal, set aside the judgment and order of the Industrial Tribunal, Karnataka at Bangalore and allow the application of the management under section 33(2)(b) of the Industrial Disputes Act without any order as to costs.

Judgment, page 12

From the headnote

Industrial Disputes Act, 1947: Section 33(2)(b)-'Night shift al/owance'-Whether 'Wages' Respondent-workman was in employment of the Appellant­ management as Bus driver. Following an incident of misconduct com· milted by him, a domestic inquiry was conducted against him under Standing Orders IS(l)(b) and IS(l)(r) of the Company wherein he was held guilty by the Enquiry Officer and was eventually dismissed from the service w.e.f. 31.12.1979. On that day itself the management moved an application before the Industrial Tribunal under section 33(2)(b) of the Act for approval of the action taken

Where later benches applied it

Of those, 1 relied on

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