Supreme Court · 2008 INSC 1424 · Decided 12 December 2008
M.D. Balasaheb Desai Sahakari S.K. LTD. v. Kashinath Ganapati Kambale
- Court
- Supreme Court of India
- Citation
- 2008 INSC 1424 · [2008] 17 S.C.R. 446
- Case number
- CIVIL APPEAL No. 7249/2008
- Decided
- 12 December 2008
- Bench
- S.B. SINHA, CYRIAC JOSEPH (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Civil
- Acts & sections cited
- Evidence Act Section 106; Industrial Disputes Act Section 11A
Headnote
Labour laws: Back wages - Workman found guilty of indiscipline at work place, unautf10risedly absent without c leave, misbehaviour with superiors, leaving place of work early withoutpermission - Dismissal from service - Award of re­ instatement with 50% back wages - Held: Since charges forfeiture of Sb% back wages- was not adequate punishment- No back wages awarded in his favour. D Industrial Disputes Act, 1947: s.11A - Power under - Scope of. 1 Evidence Act, 1872: s.106 - Burden of proof of gainful employment - Held: Is on workmap. I Respondent-workman was found guilty of E
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