P.NARESH Vs. MANAGEMENT OF SKF INDIA LTD.

JUDGEMENT

(1.) The petitioner in this writ petition has called in question the award of the Labour Court in I.D.No.37/2010 dated 05.10.2015 by which, the Labour Court directed the workman to be entitled to Rs.5.00 lakhs as compensation in lieu of reinstatement in exercise of its jurisdiction under Section 11A of the Industrial Disputes Act, 1947 (hereinafter referred to as the said Act for short).

(2.) Brief facts leading to the filing of present writ petition are that, the petitioner joined the services of the respondent SKF India Limited (hereinafter referred to as Management for short) as Setter-cum-Operator on 09.04.1990. It is his claim that he has rendered blemishless service throughout till a charge sheet was issued to him on 20.11.2008 alleging unauthorized absence of 74 days from 01.01.2008 to 20.11.2008, which amounted to misconduct in terms of Company s Certified Standing Orders. The reply submitted by the workman to the charge sheet was found to be unsatisfactory by the Disciplinary Authority and an Enquiry Officer was appointed to hold domestic enquiry against him. The result of the domestic enquiry was that the petitioner was held guilty of the allegations of unauthorized absence and culminated in imposition of penalty of dismissal from service by an order of the Disciplinary Authority dated 04.06.2010.

(3.) The workman immediately raised a dispute under Section 10(4-A) of the said Act challenging the imposition of penalty of dismissal from service upon him. The Labour Court held the enquiry against the workman to be fair and proper and on its exercise under Section 11A of the said Act held that the workman was not unauthorizedly absent for 74 days but in all was for 24 days but, nonetheless, the charge of unauthorized absence was held to be proved. On the evidence and the statement of the workman that he was suffering Irritable bowel syndrome and he was not in a position to function standing for 8 hours in the Management in the nature of duties that he was performing. The Labour Court came to conclude that a compensation of Rs.5.00 lakhs would be adequate in the facts and circumstances of the case in lieu of reinstatement as the Labour Court was of the opinion that the penalty of dismissal from service qua of misconduct was disproportionate.