Supreme Court · 2005 INSC 39 · Decided 18 January 2005
Bharat Forge CO. LTD. v. Uttam Manohar Nakate
- Court
- Supreme Court of India
- Citation
- 2005 INSC 39 · [2005] 1 S.C.R. 545
- Case number
- CIVIL APPEAL No. 4399/2002
- Decided
- 18 January 2005
- Bench
- N. SANTOSH HEGDE, S.B. SINHA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Industrial Employment Act
Headnote
B Labour Laws: Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971-Schedu/e IV Item l(a),(b),(d), (j) and (g)- C Misconduct of sleeping during duty hours-Domestic enquiry-Misconduct admitted by employee and proved-On previous occasions also found guilty of reinstatement with back wages-Dismissal order approved by Industrial Tribunal and Single Judge of High Court-Division D Bench of High Court held the punishment disproportionate and as such amounted to legal victimization and unfair labour practice under clause (a) of Item I-Factual
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