THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE N. TUKARAMJI
WRIT APPEAL No.668 of 2019
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal is arising out of order dated
24.12.2018 passed in W.P.No.12402 of 2005 by the learned
Single Judge.
The undisputed facts of the case reveal that a charge
sheet was issued to the respondent/employee on 23.08.2001
for remaining absent from 04.08.2001 to 20.08.2001. In respect of his absence for 16 days a charge sheet was issued and a detailed departmental enquiry was conducted in the matter. The employer has finally passed an order inflicting a capital punishment upon the employee i.e., removal from service on 05.12.2001 and a dispute was raised by the employee under Section 2A(2) of the Industrial Disputes Act, 1947. The Labour Court has interfered in the matter and an award was passed on 22.09.2004 setting aside the order of removal and directing reinstatement of the employee into service with continuity of service without back wages. Against which, a writ petition was preferred by the employer and the same has been dismissed by the learned Single Judge.
This Court has carefully gone through the order of removal and the award of the Labour Court. For absence of 2 16 days, the employee was removed from service and the punishment was certainly shockingly disproportionate to the misconduct committed by the employee and therefore, the Labour Court was justified in moderating the punishment directing reinstatement of the employee into service with continuity of service without back wages.
In the considered opinion of this Court, the learned Single Judge was justified in dismissing the writ petition preferred by the employer. As the punishment was shockingly disproportionate to the misconduct committed by the employee, no case is made out in the matter and the writ appeal deserves to be dismissed.
Resultantly, the writ appeal is dismissed. Miscellaneous petitions, if any, shall stand closed. There shall be no order as to costs.
__________________________________ SATISH CHANDRA SHARMA, CJ ______________________________ N. TUKARAMJI, J 16.12.2021 ES