JAI BAHADUR Vs. MOTOR INDUSTRIES CO LTD

JUDGEMENT

(1.) THIS petition arises out of an award passed by the Labour Court, Bangalore, whereby the punishment of the petitioner (the workman) who was 'dismissed from service' was reduced to 'discharge from service'. The facts which are necessary to appreciate the contention are these: the workman was a night watchman in the watch and ward department of the Motor Industries Company Ltd. (the management ). He was appointed in 1959. In 1970, there was an enquiry against him on the complaint that on the night of August 19, 1970, and August 20, 1970, he was sleeping during his night shift. In the said enquiry, he was found guilty of the charge, followed by an order of dismissal from service. Thereupon, the workman raised a demand for his reinstatement which gave rise to an industrial dispute, which was finally referred for adjudication to the Labour Court, bangalore, on the following point of dispute:

(2.) IN other words, the Labour Court was of the view that a lesser punishment of discharge for the misconduct proved, was called for in the circumstances, instead of the severe punishment of dismissal from service, although it has referred to the word 'discharge simpliciter' while considering the punishment to be awarded.

(3.) THE primary question for consideration is, whether the punishment awarded falls within the scope of Section 11-A of the Industrial Disputes Act, and if so, whether on the facts of the case, the discharge from service is a lesser punishment to the workman than the dismissal from service.