HINDUSTAN NEWSPRINT LTD Vs. R PARAMESWARAN NAIR

JUDGEMENT

(1.) IN both the connected cases, the management as well as the worker are challenging same order of the labour court upholding findings of the enquiry officer but interfering with the punishment imposed by the management. After hearing both sides and on going through the orders, I do not find any ground to interfere with the findings of the labour court upholding the findings of the enquiry officer. However, it is seen that the punishment is not proportionate to the gravity of the guilt that is, negligence in work leading to injury to a fellow worker. The delinquent worker was kept out of service for 9 years and the labour court reinstated him with 25% back wages. However, since the worker is retired, there is no scope for reinstatement. Having regard to the facts proved I feel ends of justice will be met if the labour court award is modified by deleting the direction to pay 25% back wages to the worker because the labour court has upheld the findings of guilt of the worker. However, since the delinquent worker was kept out of employment for nearly 9 years, I feel the same will itself serve as sufficient punishment. Accordingly, the award is modified by deleting direction to pay 75% back wages but with direction to the management to give retirement benefits to the worker treating him as notionally in service in that rank for the period he was kept out of service.