Yes, if the dismissal is not supported by Law and it can reinstate the workman: See section 10 (1) of the I.D.A 1947.
N.K.Assumi (Advocate) 10 December 2009
Yes, if the dismissal is not supported by Law and it can reinstate the workman: See section 10 (1) of the I.D.A 1947.
N.K.Assumi (Advocate) 10 December 2009
Yes, if the dismissal is not supported by Law and it can reinstate the workman: See section 10 (1) of the I.D.A 1947.
Sunil Agarkar (Consultant and Advocate) 10 December 2009
Labour court has no power to stay specifically under sec. 10(1).
raj (advocate) 12 December 2009
yes labour court can stay the dismissal order under section 11A of I.D.A and has jurisdiction on that matter.
Sunil Agarkar (Consultant and Advocate) 12 December 2009
Dear Mr. Raj & Mr. Assumi,
Sec 11A of IDA empowers Labour Court to look into the material (domestic enquiry documents) on record and ensure the punishment is justified and proportionate and AWARD accordingly.
under this section Labour Court can award to modify the order of punishment.
moreover if Labour Court grants stay, than Labour Court is pre-conceived that order of punishment is not-justified or not-proportionate.
eventhough, if you can give me any citation supporting your arguments.
Kanaksinh P.Boda (Educationist/Lawyer) 23 December 2009
I agree with Sunilji.
Rama mohan Acharya (Manager HR(Legal)) 23 December 2009
I am also in agreement with Mr.Sunil.
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