https://www.taxtmi.com/caselaws?id=298619 A misconduct finding and dismissal cannot stand where the domestic enquiry and arbitral award rest on no legal evidence, conjecture, or surmise rather than proof of actual misappropriation or wilful misuse. The Supreme Court of India noted that such findings are perverse and unsustainable, permitting interference despite the usual limited review of evidence. Once the dismissal was held vitiated, reinstatement followed as the normal relief. The employer also failed to prove gainful alternative employment, so denial of back wages was unwarranted. The workman was therefore treated as entitled to reinstatement with full back wages and consequential service benefits. en-us Thu, 27 Sep 1984 00:00:00 +0530 Thu, 28 Apr 2022 11:41:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=298619 A misconduct finding and dismissal cannot stand where the domestic enquiry and arbitral award rest on no legal evidence, conjecture, or surmise rather than proof of actual misappropriation or wilful misuse. The Supreme Court of India noted that such findings are perverse and unsustainable, permitting interference despite the usual limited review of evidence. Once the dismissal was held vitiated, reinstatement followed as the normal relief. The employer also failed to prove gainful alternative employment, so denial of back wages was unwarranted. The workman was therefore treated as entitled to reinstatement with full back wages and consequential service benefits. Case-Laws Indian Laws Thu, 27 Sep 1984 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=298619