Supreme Court of India
Janatha Bazar (south Kanara Central Co-operative Whole Sale Stores Ltd.) v. Secretary, Sahakari Noukarara Sangha
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1 Supreme Court bench has cited this judgment.
What the Court ordered
In view of the aforesaid settled legal position, the High Court materially erred in confirming the directions given by the Labour Court in reinstating the respondent-workmen with 25% back wages.
Judgment, page 5
From the headnote
Labour Laws: Industrial Disputes Act, 1947: Section 11- . c Breach of trust/loss of confidence-Minor penalty-Awarding a/ Discretion under S.11- -Exercise of-By Labour Court-Management dismissed workmen on charges of breach of trust and misappropriation- Labour court found the charges established-But in exercise of its discretion under S.11- reinstated the workmen with 25% back wages in view of their p'ast good record-High Court confirmed the award-Validity-Held, proved act of misappropriation should not be taken lightly-- Misappropriation cannot be rewarded by reinstatement with full or
Authorities it was built on
Where later benches applied it
Of those, 1 mentioned
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