2026 LLR WEB 1021 (KARNATAKA HIGH COURT)
Even where misconduct stands proved and unchallenged, the Labour Court may exercise discretion under Section 11-A to hold dismissal disproportionate absent past misconduct, though continuity of service can be denied for a period during which the workman pursued a wholly untenable proceeding.

LABOUR AND INDUSTRIAL LAW - Dismissal from service - Proportionality of punishment - Discretion under Section 11-A - Delay and laches - Continuity of service - Denial of back wages - Sections 10, 11-A, 33(2)(b), 33-A, Industrial Disputes Act, 1947 - The respondent-workman, an Operator since 1995, was issued a charge memo alleging misconducts including unauthorized absence, damage to property, and instigating slowdown of work between 03.02.2006 and 11.02.2006... subscribe to read more..