DILIP K. MORI Vs. K. S. DIESELS LTD.

JUDGEMENT

(1.) xxx xxx xxx.

(2.) The Labour Court had found that the original order which was passed after holding a valid departmental inquiry, viz. dismissal from service was a harsh one and that it was a fit case for interfering with the order of punishment by exercising the discretionary powers under Section 11A of ID Act. But at the same time it has been mentioned by the Presiding Officer, Labour Court that this was not the first occasion of the petitioner committing such misconduct but he had previously committed said misconduct and he was warned and punished. But in spite of the same, he has committed the same misconduct and therefore, he has passed the order of punishment of discontinuation of service and non-payment of back wages. It is settled law that the court is not sitting in such proceedings as a court of appeal and court cannot go into the question of punishment. The court can interfere with the punishment if it is grossly inadequate and if it is un proportionate one....