M P ELECTRICITY BOARD Vs. SHANKAR NAGORAO SUHAGPURE

JUDGEMENT

(1.) BY this petition under Article 227 of the Constitution of India, the petitioner has challenged the order of reinstatement with full back wages of Respondent No. I passed by Labour Court which was modified by the Industrial Court found that the Respondent No. I had derelicted in his duties as he was found sleeping during his duty hours. Therefore, the Industrial Court directed payment of fifty percent of back wages and fifty percent of back wages were forfeited as a measure of punishment.

(2.) SHRI Shailesh Mishra, learned counsel for the petitioner submitted that during the pendency of the petition, the Respondent No. 1 has attained the age of superannuation, that is of 58 years, according to Rule 14 of the Standard Standing Orders which prescribes the age of retirement as 58 years. Therefore, the grievance of the petitioner so far as the reinstatement is concerned, has become infructuous. As regards back wages, learned counsel for the petitioner submitted that respondent No. 1 was not entitled for back wages when the Industrial Court found that Respondent No. 1 committed a minor misconduct. The action is bona fide for which the Respondent No. I was responsible and, therefore, the Respondent No. 1 was compulsorily retired with effect from April 10, 1981.

(3.) CONSIDERING the circumstances and the fact that the Industrial Court has exercised its discretion under Section 107 of the M. P. Industrial Relations Act, 1960 in interfering with punishment. I am not inclined to interfere in the order passed by the Industrial Court in exercise of the supervisory jurisdiction under Section 227 of the Constitution.