G RAJENDRA Vs. VIKRANT TYRES LIMITED
SUPREME COURT OF INDIA
VIKRANT TYRES LIMITED
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(1.)The workmen are the appellants in these two appeals.
(2.)By a common judgment, the High Court allowed the writ appeals of the respondent management, setting aside the judgment of a learned single judge, dismissing the writ petitions challenging the award of the labour court which directed the management to reinstate the workmen into service without payment of back wages but with continuity of service.
(3.)In one case, the workman was charged for unauthorised absence from service from 24/2/1984 to 27/3/1984 and in the other case the period of absence was from 24/1/1984 to 27/3/1984. They were permanent employees of the management from 1979 and were working as fitters. After holding the domestic enquiry, the workmen were dismissed from service with effect from 11/7/1984. In 1985, the dispute about the dismissal being justified or not was referred to the labour court. The labour court held that though there was no justification for their absence, the punishment of dismissal was harsh and disproportionate for the said absence. Instead of dismissal, the punishment of withholding of two increments with cumulative effect and denial of back wages was directed.
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