M/S. SASA MUSA SUGAR WORKS (P) LTD. versus SHOBRATI KHAN AND OTHERS

M/S. SASA MUSA SUGAR WORKS (P) LTD. versus SHOBRATI KHAN AND OTHERS

Material findings of the Industrial Tribunal, not upset by the Appellate Tribunal, required that permission to dismiss workmen be granted to the management if there was evidence against them. It was not open to the Tribunal to substitute suspension for dismissal. Suspension in this case was an interim measure pending enquiry, not substantive punishment.

Parties
Appellant: M/S. Sasa Musa Sugar Works (P) Ltd.; Respondents: Shobrati Khan and Others
Jurisdiction
India
Judgment Date
29 April 1959
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Judgments and Orders of the Labour Appellate Tribunal of India, Calcutta
Outcome
Appeals allowed; orders of the Tribunals set aside
Legal Topics
Industrial Dispute, Go Slow, Dismissal of Workmen, Permission Under S.33, Punishment, Suspension Pending Enquiry
Labour and Industrial Law Industrial Dispute Go Slow Dismissal of Workmen Permission Under S.33 Punishment Suspension Pending Enquiry

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Parties

M/S. Sasa Musa Sugar Works (P) Ltd.

Appellant

Shobrati Khan and Others

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Judgments and Orders of the Labour Appellate Tribunal of India, Calcutta

Legal Issues

  1. 1 Whether suspension of workmen for go-slow amounts to punishment in violation of section 33 of the Industrial Disputes Act
  2. 2 Whether the Industrial Tribunal can substitute punishment or must grant/refuse permission to dismiss as prayed under section 33
  3. 3 Whether there was evidence against all forty-eight workmen justifying dismissal

Ratio Decidendi

Material findings of the Industrial Tribunal, not upset by the Appellate Tribunal, required that permission to dismiss workmen be granted to the management if there was evidence against them. It was not open to the Tribunal to substitute suspension for dismissal. Suspension in this case was an interim measure pending enquiry, not substantive punishment.

Court Disposition

Appeals allowed; orders of the Tribunals set aside

Orders

  • Permission granted to management to dismiss all forty-eight workmen subject to payment of all wages during suspension period up to date of Industrial Tribunal award (22-9-1952)
  • No order as to costs