Management Of Bank Of Madura Limited Vs. Deputy Commissioner Of Labour, Chennai And Another On 19 July, 2000

Q: Q. What are the equivalent citations for Management of Bank of Madura Limited vs Deputy Commissioner of Labour, Chennai and Another ?

The equivalence citation are(2002) 9 SCC 673 ; 2001 (1) SCT 470 (SC) ; 2000 (87) FLR 490 ; JT 2000 (10) SC 458 ; 2000 (5) SLR 386 ; LQ/SC/2000/1027 ;

Q: Q. What was the bench assigned for the case Management of Bank of Madura Limited vs Deputy Commissioner of Labour, Chennai and Another?

HONBLE JUSTICE S. R. BABU, HONBLE JUSTICE SHIVARAJ V. PATIL

Open iDraf

Management Of Bank Of Madura Limited v. Deputy Commissioner Of Labour, Chennai And Another

Management Of Bank Of Madura Limited
v.
Deputy Commissioner Of Labour, Chennai And Another

(Supreme Court Of India)

C.A. Nos. 93-94/1998 | 19-07-2000

The grievance in this appeal is that the termination order passed against respondent No. 2 has been wrongly upset by the Appellate Authority-respondent No. 1 under Section 41 of the Tamil Nadu Shops and Establishments Act and that order has not been interfered with by the High Court either by the learned single Judge in its writ jurisdiction or by the Division Bench in its appellate jurisdiction.

We have been taken through the charges framed against respondent No. 2, the inquiry proceedings, the order made by the Appellate Authority which is a very detailed and exhaustive one and the order of the learned single Judge as well as of the Division Bench of the High Court. The findings recorded by the Appellate Authority go against the appellant and the charges framed against the respondent No. 2 were found not proved which findings stand affirmed. The decision of the Appellate Authority is based on facts arising in the case and cannot be faulted with.

In these circumstances there is hardly any justification to interfere with any of the orders questioned hereunder. The appeals are dismissed accordingly.

It is made clear that while reinstating the respondent No. 2 and paying the back wages to him, the amounts that have been paid the appellant pursuant to the orders of this Court or of the High Court shall be deducted.

Advocates List

For

Bench List

HON'BLE JUSTICE S. R. BABU

HON'BLE JUSTICE SHIVARAJ V. PATIL

Eq Citation

(2002) 9 SCC 673

2001 (1) SCT 470 (SC)

2000 (87) FLR 490

JT 2000 (10) SC 458

2000 (5) SLR 386

LQ/SC/2000/1027

HeadNote

Labour Law — Termination/Retrenchment/Severance — Revocation of termination — On facts, held, findings recorded by Appellate Authority go against appellant and charges framed against respondent No. 2 were found not proved which findings stand affirmed — Decision of Appellate Authority is based on facts arising in case and cannot be faulted with — While reinstating respondent No. 2 and paying back wages to him, amounts that have been paid appellant pursuant to orders of Supreme Court or High Court shall be deducted (Paras 10 to 12)