R SRINIVASA REDDY Vs. HONBLE LABOUR COURT

JUDGEMENT

(1.) This Writ Petition is filed for a Certiorari to quash award dated 21.05.2001 in I.D.No.14 of 1998 on the file of the Labour Court-II, Hyderabad, respondent No.1 herein.

(2.) The petitioner was an employee of respondent No.2. In the year 1978, he was appointed as Operator. He was served with a charge sheet dated 06.02.1996 wherein he was charged as under: "It has been reported against you that on 6th February, 1996 in 'A' shift around 06-45 a.m. you have not followed the orders of your superior, used foul language, physically manhandled and assaulted your superior Mr. K. Satyanarayana, Supervisor. The above alleged acts of yours, if proved, would constitute under the certified standing orders of the Company applicable to you which are reproduced hereunder, and warranting severe disciplinary action to be taken against you."

(3.) Opposing the above submissions, Mr. C. R. Sridharan, learned counsel for respondent No.2 submitted that the scope of judicial review does not permit re-appreciation of evidence and the findings rendered based on such evidence. He further submitted that in a disciplinary proceeding, proof beyond reasonable doubt is not required and that preponderance of probabilities is sufficient for proving the misconduct of an employee. On the quantum of punishment, the learned counsel relied upon the judgment of the Supreme Court in Mahindra and Mahindra Ltd. Vs. N.B. Naravade etc., 2005 SCC(L&S) 361 and submitted that as the petitioner was found to have assaulted his superior, no sympathetic consideration can be shown to him.