THE DIVISIONAL CONTROLLER, NEKRTC Vs. H.M. MOMIN

JUDGEMENT

(1.) THERE is a delay of 84 days in filing the appeal. Hence, Misc. W. No. 60464/2011 is filed seeking condonation of delay. Though we are not satisfied with the reasons indicated in the affidavit seeking condonation of delay, only with a view to examine the merits of the contentions and to put at rest the matter, we have condoned the delay so as to take up the appeal for consideration.

(2.) THE appellant -Corporation is before this Court assailing the order dated 16/07/2010 passed in Writ Petition No. 60289/2010 wherein the learned Single Judge has upheld the award dated 28/08/2008 passed by the Labour Court in KID No. 153/2005.

(3.) THE learned counsel for the appellant while assailing the order passed by the learned Single Judge as also the award passed by the Labour Court would contend that the Labour Court having recorded a finding that the charge alleged against the respondent had been proved, ought not to have interfered with punishment that was imposed. It is contended that only sympathy could not have weighed with the Labour Court and therefore the award is liable to be set aside and the learned Single Judge had erred in that regard. The learned counsel has also relied on the decision of the Hon'ble Supreme Court in the case of MAHINDRA AND MAHINDRA LTD. VS. N.B. NARAVADE ( : 2005 -2 -SCC 583).