https://www.taxtmi.com/caselaws?id=220552 Non-supply of an enquiry report before disciplinary punishment does not by itself entitle a workman to reinstatement; the employee must show actual prejudice, and if prejudice is proved the proper course is usually remand or continuation from the stage of supplying the report. A dismissal imposed as punishment in disciplinary proceedings is not retrenchment, so Section 25-F of the Industrial Disputes Act does not apply. On the facts, deliberate refusal of lawful work instructions and unauthorised absence were serious misconduct, and the finding of disproportionate punishment could not be sustained. The award was quashed and the matter remanded for reconsideration in line with the governing principles. en-us Wed, 23 Jan 2013 00:00:00 +0530 Tue, 29 Jan 2013 12:38:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=220552 Non-supply of an enquiry report before disciplinary punishment does not by itself entitle a workman to reinstatement; the employee must show actual prejudice, and if prejudice is proved the proper course is usually remand or continuation from the stage of supplying the report. A dismissal imposed as punishment in disciplinary proceedings is not retrenchment, so Section 25-F of the Industrial Disputes Act does not apply. On the facts, deliberate refusal of lawful work instructions and unauthorised absence were serious misconduct, and the finding of disproportionate punishment could not be sustained. The award was quashed and the matter remanded for reconsideration in line with the governing principles. Case-Laws Indian Laws Wed, 23 Jan 2013 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=220552