1991 LAB. I. C. 1555 ::(1991) 2 CurLR 73 ::(1991) 63 FacLR 401 ::(1991) 2 Bom CR 201 ::(1991) Mah LJ 540 ::(1991) 4 ServLR 672

Bombay High Court

Hon'ble Judge(s): D. R. Dhanuka , J

(A) Industrial Disputes Act (14 of 1947) , S.11A— (Introduced in 1971) - Powers of the Tribunal - Powers are very wide - Tribunal is now required to reappraise the evidence and satisfy itself whether charge of misconduct is proved or not. AIR 1973 SC 1227, Followed. The Tribunal's powers under S. 11Aofthe Act are very wide and are not limited to the grounds on which it could interfere with the order of dismissal or discharge passed by the management under the preexisting law. The Tribunal is under a duty to reappraise the evidence and satisfy itself as to whether the misconduct alleged against the workman was proved or not. It is unfortunate that even after 17 years, the issue which is being framed by the Tribunal at least in some of the references is as to whether the finding on the charge of misconduct recorded by the enquiry-was perverse or not. framing of such an issue by the Tribunal is totally erroneous and amounts to ignoring the beneficial and benevolent provision like S. 11A of the Act. The issue to be framed should be whether the charge o f misconduct levelled against the workman is proved to the satisfaction of the Tribunal by acceptable evidence.(Para 21) (B) Industrial Disputes Act (14 of 1947) , S.11A— Finding of the Tribunal - Worker charged with conduc....