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Some Reflections in Industrial Jurisprudence : The Analogy of Section 11-A of Industrial Disputes Act, 1947 the Scope and Extent of Power of the Labour Court to Interfere with Punishment Inflicted on Delinquents : An Apex Judicial Dictum

By Ajaya Kumar Samantaray

Published In

Lab Ic 2012

Prelude I have penned quite a good number of articles on Section 11-A of the Industrial Disputes Act, 1947. The present article is a sequel of the series of articles, I have penned. In the present case, to be discussed, the Labour Court directed the reinstatement to the services of a delinquent, along with continuity of services and 75% of the back wages though, according to the Labour Court, two charges were found proved against the delinquent workman. The employer filed a writ in the High Court but the High Court only denied the back wages but allowed all the retiral benefits etc. to the delinquent. Let us discuss the case - laws. Facts oF the Case Uttar Pradesh State Road Transport Corporation v. Nanhe Lal Kushwaha (2004 (4) LLN 720) Uttar Pradesh State Road Transport Corporation had employed Shri. Nanhe Lal Kushwaha as a Bus Conductor. He had been charged for carrying passengers without tick ....

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