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2026 LLR WEB 1016 (KARNATAKA HIGH COURT)
Even where misconduct and absence of victimisation are duly established, the Labour Court's failure to exercise discretion under Section 11-A to assess proportionality of punishment warrants interference and compensation in lieu of reinstatement.
LABOUR AND INDUSTRIAL LAW - Disciplinary enquiry - Dismissal from service - Proportionality of punishment - Discretion under Section 11-A - Compensation in lieu of reinstatement - Article 227 of the Constitution of India - Sections 2-A, 10(4-A) and 11-A, Industrial Disputes Act, 1947 - Petitioner, working as a Machine man, was placed under suspension on 07.01.2009 on charges of insubordination, riotous behaviour, and inciting other workmen, and was dismissed from service on 05.11.2011... subscribe to read more..
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