Labour Courts Cannot Overturn Management’s Decision On Mere Hypothesis

Case: Standard Chartered Bank Vs RC Srivastava

Coram: Justice Ajay Rastogi and Justice Abhay S Oka

Case No: Civil Appeal 6092 of 2021

Court Observation: “If a piece of evidence is on record which could support the charge which has been levelled against the delinquent unless it is per se unsustainable or perverse, ordinarily is not to be interfered by the Tribunal, more so when the domestic enquiry has been held to be fair and proper”

“The decision of the Labour Court should not be based on mere hypothesis. It cannot overturn the decision of the management on ipse dixit. Its jurisdiction under Section 11­A of the Act 1947 although is a wide one but it must be judiciously exercised. Judicial discretion, it is trite, cannot be exercised either whimsically or capriciously. It may scrutinize or analyse the evidence but what is important is how it does so”

[doc id=10594]

Previous Posts

Power Of Attorney Having Authorisation Of Financial Creditor Can File Application U/s 7 IBC: Supreme Court

Financial Creditor Has To Prove That Application Filed U/s 7 IBC Is Not Barred By Limitation, But Materials Produced By Corporate Debtor Can Be Examined: Supreme Court

Supreme Court Holds Builder Liable To Compensate Residents Welfare Association For Not Providing Promised Amenities

Order IX Rule 13 CPC: Supreme Court Holds Defendant Who Refused Summons Not Entitled To Seek Setting Aside Of Ex-Parte Decree

Irrigation Department Of State Not An ‘Industrial Establishment’ Under Section 25L Of ID Act: Supreme Court

‘Constitutional’ Power To Punish For Contempt Cannot Be Taken Away Even By Legislative Enactment: Supreme Court

Non-Compoundable Criminal Cases Of Predominantly Private Nature Can Be Quashed U/s 482 CrPC Even If Compromise Is Reached After Conviction: Supreme Court Download Judgement here

Keywords

Labour Courts, Management’s Decision