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11A. POWERS
OF LABOUR COURTS, TRIBUNALS AND NATIONAL TRIBUNALS TO GIVE APPROPRIATE RELIEF
IN CASE OF DISCHARGE OR DISMISSAL OF WORKMEN. - Where an industrial dispute
relating to the discharge or dismissal of a workman has been referred to a Labour
Court, Tribunal or National Tribunal for adjudication and; in the course of
the adjudication proceedings, the Labour Court, Tribunal or National Tribunal,
as the case may be, is satisfied that the order of discharge or dismissal was
not justified, it may, by its award, set aside the order of discharge or dismissal
and direct reinstatement of the workman on such terms and conditions, if any,
as it thinks fit, or give such other relief to the workman including the award
of any lesser punishment in lieu of discharge or dismissal as the circumstances
of the case may require :
Provided that in
any proceeding under this section the Labour Court, Tribunal or National Tribunal,
as the case may be, shall rely only on the materials on record and shall not
take any fresh evidence in relation to the matter.
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