DIVISIONAL CONTROLLER Vs. RAMESH S/O SANGAPPA KOLKAR

JUDGEMENT

(1.) THE petitioner-management is before this Court assailing the award dated 14.12.2011 passed in KID No.12/2011. The Labour Court by its award has set aside the dismissal order dated 10.12.2010 and has directed reinstatement of the respondent into service. It is against the said award, the petitioner is before this Court.

(2.) HEARD the learned counsel for the parties and perused the petition papers.

(3.) IN that regard, MW2 had been examined by the management and the documents relating to the charge at Exhs.M3, M5 to M8 were relied upon. The Labour Court after analysing the said documents has arrived at the conclusion that the charge alleged against the respondent herein has not been proved inasmuch as the evidence tendered by MW2 does not establish the charge. To the said extent, the Labour Court was justified. However, what is to be noticed in the instant case is that the management had also relied upon the earlier punishments which had been imposed in three cases and therefore had contended that the same would indicate that the punishment presently imposed is justified. The Labour Court has arrived at the conclusion that the earlier punishments cannot be relied on. To the said extent, the Labour Court is not justified inasmuch as the same which was relied upon before the Labour Court would be relevant for the purpose of consideration with regard to proportionate punishment which has been imposed.