M P ELECTRICITY BOARD Vs. STATE INDUSTRIAL COURT

JUDGEMENT

(1.) This petition under Art. 227 of the Constitution of India has been preferred by Madhya Pradesh Electricity Board in the capacity as Employer within the meaning of M.P.I.R. Act against the order of the Labour Court date 7.6.82 (Annex. II) and Industrial Court date 31.3.86 (Annex. IV) whereby the respondent employee has been held entitled to full pay for the suspension period.

(2.) It is not disputed that the employee respondent No. 3 O.P. Soni was suspended from service followed by a disciplinary enquiry and in consequence thereof he was punished with withholding of his next one increment with cumulative effect by order issued on 13.6.79. The Labour Court and the Industrial Court by the orders mentioned above granted relief to the employee holding that under the standing orders the punishment of withholding increments with cumulative affect could not be passed. The Labour Court, therefore, interfered in the quantum of punishment and reduced the punishment of withholding increment with cummulative effect to non-cumulative effect. The employee has, however, been held entitled to full pay for the suspension period.

(3.) On behalf of the employer in this petition Shri Shailesh Mishra learned counsel argues that the Labour Court and Industrial Court misconstrued the provisions of standing order 12 (4) (i) and (5). The relevant part of the standing order read as under: