THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE A. RAJASHEKER REDDY
WRIT APPEAL No.860 of 2019
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal is arising out of order dated
09.11.2018
passed in W.P.No.19322 of 2011 by the learned Single Judge.
The facts of the case reveal that the present appellant/writ petitioner, who is a retired employee, was subjected to disciplinary proceedings on account of unauthorised absence and an order dated 11.09.2002 was passed by the disciplinary authority dismissing him from service. Thereafter, the employee approached the Labour Court under the provisions of the Industrial Disputes Act, 1947 (for short, "the Act") and the Labour Court while exercising power under Section 11A of the Act and after taking into account a lenient view in the matter has directed reinstatement of the workman with all consequential benefits except back wages. A writ petition was preferred and the learned Single Judge, keeping in view the fact that no grave irregularity or illegality was pointed out in the award passed by the Labour Court and the employee was reinstated back into service with all consequential benefits except back wages, has declined to interfere with the award. 2
In the considered opinion of this Court, keeping in view the nature of misconduct and also the fact that no procedural irregularity has taken place in the matter of departmental enquiry and the Labour Court has already taken a lenient view by exercising jurisdiction under Section 11A of the Act, the learned Single Judge was justified in dismissing the writ petition. This Court does not find any reason to interfere with the award passed by the Labour Court. Accordingly, the writ appeal stands dismissed. However, the employee shall be entitled to all consequential benefits except back wages.
Miscellaneous petitions, if any, shall stand closed. There shall be no order as to costs.
__________________________________ SATISH CHANDRA SHARMA, CJ ______________________________ A. RAJASHEKER REDDY, J 29.11.2021 ES