HINDALCO INDUSTRIES LTD Vs. STATE OF U.P.

JUDGEMENT

(1.) The award dated 03.05.2018 passed by the Presenting Officer, Labour Court, Mirzapur published on 18.08.2018 on the notice board, is under challenge in the present petition. The dispute referred to the labour court vide reference dated 31.01.2008 and was registered as Adjudication Case No.126 of 2008. Reference made to the labour court is as follows:-

(2.) The labour court while upholding the enquiry conducted against the workman found that the punishment awarded to the workman was excessive i.e. disproportionate to the misconduct proved against him. It has thus modified the order of dismissal dated 14.02.2004 to direct the reinstatement of the workman with 25% of back wages and continuity of service.

(3.) Learned counsel for the petitioner-employer vehemently submits that the charges against the workman were of indiscipline, disobedience and threatening to his senior officer with dire consequence. This act of the workman comes within the meaning of gross misconduct and as such the labour court was not justified in modifying the punishment so to interfere in the discretion exercised by the disciplinary authority in dismissing the workman after acceptance of the enquiry report.