MANAGEMENT OF BOKARO STEEL PLANT Vs. DHIRENDRA PRASAD

JUDGEMENT

(1.) HEARD the parties and with their consent, this writ application is being disposed of finally at this stage itself.

(2.) THE petitioner i.e. the Management of Bokaro Steel Limited of M/s Steel Authority of India Limited has challenged the Award of Labour Court, Bokaro in Reference Case No. 9/88 wherein the learned Labour Court has held that the order of dismissal of the workman from service was shockingly disproportionate to the misconduct committed by the workman and thereby directed the Management to reinstate the workman from the date of his dismissal with stoppage of three annual increments and also directed to withhold half of the back wages as penalty for the proved misconduct.

(3.) THE domestic enquiry held against the petitioner was found to be fair and proper, However, the petitioner raised industrial dispute and subsequently, the dispute was referred for adjudication before the Labour Court and accordingly, the Labour Court, by the impugned Award, has held that the though the charges of misconduct of the workman of committing the misappropriation of medicine entrusted to him for distribution to the patients by committing fraud and dishonesty was proved but the punishment of dismissal from the service was held to be disproportionate.