PALGHAT BPL AND PSP THOZHILALI UNION versus BPL INDIA LTD. AND ANR.

PALGHAT BPL AND PSP THOZHILALI UNION versus BPL INDIA LTD. AND ANR.

Assault on officers of management outside the factory premises, connected to the employment context, amounts to misconduct under Clause 39(h) as it is subversive of discipline. The Labour Court was justified in taking a lenient view in light of the circumstances and ordering reinstatement with 25% back wages.

Source-derived case information.

Parties
Appellant: PALGHAT BPL AND PSP THOZHILALI UNION; Respondent: BPL INDIA LTD.; Respondent: ANR.
Jurisdiction
India
Judgment Date
07 September 1995
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal From Division Bench of Kerala High Court
Outcome
Appeal allowed
Legal Topics
Misconduct, Standing Orders, Industrial Disputes, Reinstatement, Quantum of Punishment, Section 11 a
Industrial Law Labour Law Misconduct Standing Orders Industrial Disputes Reinstatement Quantum of Punishment Section 11 a

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Parties

PALGHAT BPL AND PSP THOZHILALI UNION

Appellant

BPL INDIA LTD.

Respondent

ANR.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal From Division Bench of Kerala High Court

Legal Issues

  1. 1 Whether assault on officers of management outside factory amounts to misconduct under Clause 39(h) of the Standing Orders
  2. 2 Whether the Labour Court was justified in ordering reinstatement with only 25% back wages under the facts

Ratio Decidendi

Assault on officers of management outside the factory premises, connected to the employment context, amounts to misconduct under Clause 39(h) as it is subversive of discipline. The Labour Court was justified in taking a lenient view in light of the circumstances and ordering reinstatement with 25% back wages.

Court Disposition

Appeal allowed

Orders

  • Management directed to reinstate appellants into service forthwith.
  • Labour Court to decide the issue of gainful employment between November 3, 1989 till date and entitlement to back wages accordingly.