Gujarat Borosil Ltd. vs Jugal Kishor Sharma
2021 Latest Caselaw 15374 Guj

        C/SCA/11371/2020                          ORDER DATED: 30/09/2021



           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/SPECIAL CIVIL APPLICATION NO. 11371 of 2020
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                  GUJARAT BOROSIL LTD.
                          Versus
                 JUGAL KISHOR SHARMA
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Appearance:
MR.VARUN K.PATEL(3802) for the Petitioner(s) No. 1
THAKKAR &PAHWA ADVOCATES(1357) for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
                    Date : 30/09/2021
                      ORAL ORDER

The matter is adjourned on the request of learned advocate Ms. Pahwa in order to cite some circular with regard to the proportionality of punishment. She has submitted that the charge against the workman is only of committing theft of only one glows and one sellotape and he has rendered more than 15 years of service. Thus, She has submitted that the power exercised by the Labour Court under the Provisions of Section 7(11) A of the ID Act is proper.

In response to the aforesaid submissions, learned Senior advocate Mr. K.M.Patel has placed reliance on the judgments of the Supreme Court in the case of the Divisional Controller KSRTC vs. A.T.Mane, 2005 (3) SCC 254 and in case of Depot Manager APSRTC vs. Raghuda Siva Sankar Prasad, AIR 2007 SC 152 and has submitted that amount of theft or the gravity of theft cannot be factored, which can be considered for passing the penalty against the delinquent and it is the employer's loss and faith in the employee, which is relevant for awarding the major punishment.

At the request of learned advocate Ms. Pahwa, the matter is kept on 27.10.2021.

(A. S. SUPEHIA, J) VISHAL MISHRA