The Depot Manager vs The Labour Court And Another
2021 Latest Caselaw 4418 Tel

  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

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