https://www.taxtmi.com/caselaws?id=175244 A bus conductor's proved short remittance and drunken misconduct amounted to gross misconduct because the conductor acted in a fiduciary capacity and the employer's loss of confidence was controlling. The amount involved was not decisive, and the Labour Court's own finding that the gravest charge was proved made reinstatement inappropriate. Interference with punishment is justified only where the penalty is shockingly disproportionate, and that threshold was not met. The order granting reinstatement with back wages was therefore unsustainable, and dismissal from service was upheld. en-us Mon, 17 Jul 2006 00:00:00 +0530 Sat, 27 Aug 2016 11:22:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=175244 A bus conductor's proved short remittance and drunken misconduct amounted to gross misconduct because the conductor acted in a fiduciary capacity and the employer's loss of confidence was controlling. The amount involved was not decisive, and the Labour Court's own finding that the gravest charge was proved made reinstatement inappropriate. Interference with punishment is justified only where the penalty is shockingly disproportionate, and that threshold was not met. The order granting reinstatement with back wages was therefore unsustainable, and dismissal from service was upheld. Case-Laws Indian Laws Mon, 17 Jul 2006 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=175244