MURLI SINGH RANA Vs. BHARAT EXPLOSIVES LTD

JUDGEMENT

(1.) BY the present petition the Petitioner seeks setting aside of the award dated 4th April, 2011 passed by the Labour Court whereby it was held that the punishment on the workman for his dismissal from service was excessive in nature and it was exceeding the allegations leveled against the workman. Thus, the learned Labour Court set aside the order of dismissal of the Petitioner and instead of directing reinstatement in view of the fact tht the workman was away from the service of management since 1994 awarded compensation of Rs.15000/- as the workman neither in his claim nor in his evidence affidavit had averred regarding his unemployment.

(2.) LEARNED counsel for the Petitioner contends that the finding of the learned Labour Court that since the workman remained an employee with the management for six years and his last drawn salary was Rs. 1735/- per month, thus a sum of Rs. 15,000/- was an appropriate compensation without directing reinstatement is arbitrary and without any justification. Once the dismissal is held to be excessive by the Labour Court then reinstatement ought to have been ordered. The learned Labour Court while granting compensation further failed to appreciate the fact that the Petitioner had been litigating for the past fifteen years. Reliance is placed upon J.K. Synthetic Ltd. vs. K.P. Agrawal and another, 2007 (2) SCC 433 wherein it was held that there are two exceptions in granting compensation. First is when the court quashes the termination as a consequence of employee being exonerated or being found not guilty of misconduct and second is where the court reaches a conclusion that the inquiry was held in respect of a frivolous issue or petty misconduct, as a camouflage to get rid of the employee or victimize him, and the disproportionately excessive punishment is a result of such scheme or intention. In such cases, the principles relating to back wages etc. will be same as those applied in the cases of an illegal termination. LEARNED counsel contends that once the Labour Court has come to a conclusion that the punishment of dismissal from service was excessive and exceeds the allegation leveled against him, the Labour Court ought to have applied principles applicable in the case of illegal termination/retrenchment while compensating the workman in terms of back wages also.

(3.) IN J.K. Synthetics Ltd. (supra) the Hon'ble Supreme Court held: