DIVISIONAL MANAGER Vs. D.PURUSHOTHAM

JUDGEMENT

(1.) The present writ appeal is arising out of order dated 26.07.2018 passed in W.P.No.15805 of 2001 by the learned Single Judge.

(2.) The undisputed facts of the case reveal that the respondent/employee in the present appeal was appointed as a Cleaner on 09.01.1981. He was charge sheeted on 07.11.1989 for manhandling one M.R.L. Sharma, AFM, Bhadrachalam while he was on duty on 04.11.1989. It was also alleged that he entered into the depot in a drunken condition. A reply was filed to the charge sheet and the disciplinary authority, not being satisfied with the reply of the employee, appointed an enquiry officer.

(3.) The undisputed facts further reveal that the enquiry officer submitted report holding the workman guilty of the misconduct and a show cause notice was also issued and thereafter, an order of termination was passed on 12.08.1991. The employee thereafter raised a dispute i.e., I.D.No.98 of 1992 under Section 2A(2) of the Industrial Disputes Act, 1947 (for short, "the Act") and the Labour Court though held the enquiry to be proper in exercise of powers conferred under Section 11A of the Act, however as the punishment was disproportionately shocking to the guilt of the employee, passed an order of reinstatement into service with continuity in service without back wages and the punishment of deferment of three annual increments with cumulative effect was inflicted upon him. The respondent/employee being aggrieved by the order of the Labour Court, preferred a writ petition and the learned Single Judge has passed an order moderating the punishment to that of deferment of three annual increments without cumulative effect. The order passed by the learned Single Judge in paragraphs 5 and 6 read as under: