HIND CONSTRUCTION & ENGINEERING CO. LTD. versus THEIR WORKMEN
The punishment of dismissal imposed on all permanent workmen for absence on January 2, 1961, treating it as a holiday, was severe and disproportionate. Such punishment amounted to victimization and unfair labour practice, justifying interference by the Tribunal.
- Parties
- Appellant: Hind Construction & Engineering Co. Ltd.; Respondent: Their Workmen
- Jurisdiction
- India
- Judgment Date
- 09 November 1964
- Procedural Posture
- Civil Appeal / Appeal by Special Leave From Award of 2nd Industrial Tribunal, West Bengal
- Outcome
- Appeal dismissed with costs.
- Legal Topics
- Dismissal of Workmen, Strike, Victimization, Unfair Labour Practice, Jurisdiction of Industrial Tribunal
Case Brief
Summary, issues, holding and outcome
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Parties
Hind Construction & Engineering Co. Ltd.
Appellant
Their Workmen
Respondent
Procedural Posture
Civil Appeal / Appeal by Special Leave From Award of 2nd Industrial Tribunal, West Bengal
Legal Issues
- 1 Whether the dismissal of the workmen was justified and whether they are entitled to any relief
- 2 Whether the Tribunal can interfere with the quantum of punishment for misconduct when allegations of victimization or unfair labour practice exist
Ratio Decidendi
The punishment of dismissal imposed on all permanent workmen for absence on January 2, 1961, treating it as a holiday, was severe and disproportionate. Such punishment amounted to victimization and unfair labour practice, justifying interference by the Tribunal.
Court Disposition
Appeal dismissed with costs.
Orders
- Dismissal of the appeal; reinstatement of the workmen with all back wages except for January 2, 1961, upheld.
Full Case Text
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