pca
1444

Dear friends,

The Supreme Court has dismissed the appeal of Sundaram Industries Ltd against the judgment of the Madras High Court in a dispute involving dismissal of workers. A section of the workers were told to do additional work and they were not paid for it. Several of them therefore refused to do the extra work. They were dismissed. The employees’ union took up the matter before the labour tribunal on a reference under the Industrial Disputes Act. The tribunal held that though the allegations against the workers were proved, dismissal was “ shockingly disproportionate” to the misconduct of the workers. The Madras High Court upheld the view. The company appealed to the Supreme Court. While dismissing the appeal, the court observed: “ Refusal to carry out the instructions requiring workmen to do additional work beyond the shift hours clearly tantamounts to changing the conditions of service which was impermissible without complying with the legal requirements.” The court also stated the tribunal was wrong to hold that the charges against the workers were proved.

Thanks

From India, Malappuram
Attached Files (Download Requires Membership)
File Type: pdf Dismissal of overworked employees not justified - SC 13.12.2013.pdf (219.2 KB, 188 views)

pbskumar2006
590

Dear Agrawal ji, Very valuable information posted. Regards, PBS KUMAR
From India, Kakinada
ejaz.zia2013@gmail.com
Dear Agrawal G, A wise decision which saved the fundamental rights of workmen community, especially declaring them innocent! Regards, Ejaz Ahmad Zia
From Pakistan, Islamabad
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