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Person claiming equity must come with equity

Raj Kumar Makkad ,
  28 May 2010       Share Bookmark

Court :
High Court of Karnatka
Brief :
Raising of Industrial Dispute - Industrial Disputes Act - Maintainability of Writ Petition - Petitioners working as security guards - Punishment of stoppage of increments
Citation :
K. Sakthivel v. Additional Director General of Prison, etc. (Decided on 26.04.2010) MANU/TN/0431/2010

Held, that if an individual workman is dismissed or discharged from the service of the employer, the individual workman is entitled to raise his dispute Under Section 2(A) of the Act. Punishment being only the stoppage of three increments for three years and the other being only recovery towards the loss caused, the above cannot be termed to be double jeopardy. Disciplinary proceedings initiated by the disciplinary authority are quasi judicial in character. Normally the High Court would not interfere with the findings of fact recorded in the domestic enquiry, but if the findings of guilt is based on no evidence, it would be a perverse finding and would be amenable to judicial scrutiny. Court found no case was made out by the petitioners to interfere with the impugned order passed by the respondents. Writ Petition dismissed.


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Published in Labour & Service Law
Views : 1338