EASTERN COALFIELDS LTD. Vs. MISRI YADAV & ORS.

JUDGEMENT

(1.) Leave granted.

(2.) Heard learned Counsel for the parties.

(3.) Disciplinary proceedings were initiated against respondent No.1 culminating in his dismissal from service as per order dated 10th April, 1982. The Industrial Tribunal while holding that the punishment of reduction of two increments will be sufficient for the misconduct, directed reinstatement of the workman with 50% back wages from the date of his dismissal till his reinstatement. This order was challenged by the appellant before the High Court. The learned Single Judge of the High Court upheld the order and dismissed the Writ Petition No.13256 of 2006 vide order dated 7th December, 2006. In appeal, the Division Bench of the High Court took the view that the direction for reinstatement was in order whereas the Tribunal had no jurisdiction to substitute the punishment of dismissal with the stoppage of two increments and therefore the appellant was given liberty to pass fresh orders on any punishment other than dismissal.