BSES RAJDHANI POWER LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) In this intra-court appeal, the assail is to the order dated 28.7.2010 passed by the learned Single Judge in WP(C) No.14237/2006 declining to interfere with the award dated 17.12.2005 passed by the Labour Court X, Karkardooma Courts in ID No.63/1998 whereby the reference was answered in favour of the respondent-workman on the foundation that the order of termination which was passed on conviction for offences punishable under Section 323/149/148 of the Indian Penal Code (for short IPC) did not tantamount to conviction for offences involving moral turpitude and further the punishment imposed did not reflect proper exercise of discretion vested in an employer while dealing with an employee.

(2.) The facts which are essential to be enumerated are that the respondent-workman was in the employment of Delhi Vidyut Board as a Peon since 25.10.1978. On 4.5.1993, he was convicted in a criminal case for offences punishable under Sections 148/302/323 and 149 IPC and sentenced to undergo life imprisonment. The judgment of conviction and the order of sentence were assailed in a criminal appeal before the High Court of Punjab & Haryana wherein the High Court found him guilty of offences under Sections 323/149/148 of IPC but the charges levelled against him under Section 302 IPC were not found to have been proven. It is worth noting that during the pendency of the criminal appeal, he was released on bail and joined the services under Delhi Vidyut Board, till 17.4.1996 but was arrested again on 22.4.1996 to undergo remaining period of imprisonment. On 30.9.1996, his services were terminated on the ground that he had been convicted for offences which involved moral turpitude.

(3.) Being dissatisfied with the order of termination, an industrial dispute was raised and eventually, it travelled to the Labour Court forming the subject matter of ID No.63/1998. The Labour Court, by the award dated 17.12.2005, directed his reinstatement with backwages and consequential benefits.