Supreme Court · 2008 INSC 544 · Decided 29 April 2008

Usha Breco Mazdoor Sangh v. Management of M/S. Usha Breco LTD. and ANR.

Court
Supreme Court of India
Citation
2008 INSC 544 · [2008] 7 S.C.R. 13
Case number
CIVIL APPEAL No. 3051/2008
Decided
29 April 2008
Bench
S.B. SINHA, V.S. SIRPURKAR (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Industrial Disputes Act Section 11A

Headnote

Industrial Disputes Act, 1947 - s.11A - Jurisdiction of · Labour Court under - Scope of - Held: Decision of Labour Court should not be based on mere hypothesis - It cannot c overturn a decision of the Management on 'ipse dixit' - Its iurisdiction under s.11-A although is a wide one, exercised - Judicial discretion cannot be exercised either whimsically or capriciously - It may scrutinize and· analyse the evidence but what is important is how it does so. D Application of s.11-A of the Industrial Disputes Act, 1947, as noticed by this Court in Firestone Tyre and

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