SHANKAR RAM Vs. STEEL AUTHORITY OF INDIA LTD

JUDGEMENT

(1.) The petitioner was charge sheeted by respondent -Steel Authority of India Limited (henceforth SAIL) on 07.10.1985 and after full-fledged departmental enquiry, he was terminated from services on 19.03.1986. He questioned the same before Labour Court under Section 31(3) read with Section 61 of the Chhattisgarh Industrial Relations Act, 1960 (for short "MPIR Act, 1960"). Labour Court declared the domestic enquiry valid and interfered with the punishment in exercise of power conferred under Section 107-A of the MPIR Act, and held that he is entitled for reinstatement in service and directed stopping of one increment and also held that he is entitled only half of the arrears of salary.

(2.) Feeling aggrieved & dissatisfied with the quantum of punishment, the respondents-SAIL preferred appeal under Section 65 of the MPIR Act, 1960. The Industrial Court interfered with the quantum of punishment and set aside the order of Labour Court and restored to order of removal of the petitioner, against which the instant writ petition has been filed challenging the same.

(3.) Shri Manoj Paranjpe, learned counsel appearing for the petitioner would submit that quantum of punishment interfered with by the Labour Court, which ought not to have been interfered with by the Industrial Court in view of provisions contained in Section 107-A of the MPIR Act, 1960 and, therefore, the impugned order is liable to be set aside. He placed reliance upon the order of Division Bench of the Madhya Pradesh High Court in the matter of Krishna Kumar Tiwari v. M.P.S.R.T.C. & another,1993 MPLSR 324 in support of his case.