
The Jharkhand HC recently held that under Section 11A of the Industrial Disputes Act, a Labour Court can modify a punishment even if the initial enquiry was fair.
The Court ruled that penalties must not be shockingly disproportionate.
The case involved a workman discharged in 1984 for allegedly abusing a doctor. The Court found the workman was in severe pain due to an unremoved stitch and was unfairly dismissed.
Noting the family's 40-year struggle, the Court awarded full back wages and benefits to the deceased workman’s legal heirs.
[The Management of Tata Engineering & Locomotive Co. Ltd. v. Sumitra Devi w/o late C.K. Singh & Ors.]
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