BORMAN Vs. PRESIDING OFFICER LABOUR COURT

JUDGEMENT

(1.) This appeal is directed against the judgment of the Learned Single Judge dated 14th January 2000 setting aside the award of the labour court directing the reinstatement at the appellant after recording a finding that the punishment of dismissal was disproportionate to the offence.

(2.) The facts of the present case are that the appellant was employed with the respondent, ITDC Management at Ashoka Hotel as Masalachi and his services were terminated by the management with effect from 13th June 1984 after an inquiry leading to the dispute referred to the Labour Court. Before the labour court the appellant had admitted impliedly that he remained absent without leave and the relevant portion of the finding of the Labour Court on this issue is as under:

(3.) Though the labour court recorded the above finding about the delinquence of the appellant yet the punishment of dismissal was found by the labour court to be harsh and disproportionate to the allegations levelled against the workman/appellant by the Labour Court. The Labour Court accordingly set aside the termination of the workman's services and ordered the reinstatement alongwith full backwages and continuity of service. The learned single Judge by his judgement impugned in this appeal while setting aside the award of the Labour Court has inter alia held that the charge levelled against the workman was serious and since the disciplinary authority while imposing the puinshment of dismissal had taken into consideration the past conduct of the workman, the order of dismissal cannot be held to be unjustified and interference in the quantum of punishment by the Labour Court in view of its findings could not be sustained.