TaxTMI 
TaxTMI 
2009 (8) TMI 882
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....ed to get? And with what other details?" 4. By reason of its award dated 29.2.2000 the Labour Court directed reinstatement of the respondent with 75% back-wages, stating: "I have duly perused all the documents available on record and considered the above discussions. The misconducts of carrying without ticket passengers on 06.03.1986 and 04.03.1987 which had been levelled against the petitioner workman, the same have been found proved on the basis of evidence of the witnesses produced by the Respondents. But misconducts regarding the incidents of 10.04.1984, 14.07.1985, 06.04.1984 and 23.02.1987 for which Respondents have chargesheeted the workman the same are not found to be proved. Hence the workman concerned with the dispute is fully guilty for the misconduct committed on 06.03.1986 and 04.03.1987 but he is not guilty for the misconducts committed on 10.04.1984, 14.07.1985, 06.4.1984 and 23.02.1987. Considering all the fact and circumstance in the present case I have reached to the conclusion that the punishment imposed by order dated 18.12.1991 by the employers on the workman concerned with the dispute, Nanhe Lal Kushwaha is excessive considering the seriousness of charges. T....
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.... Act but, ordinarily, the discretion exercised by the employer should not be interfered with. The learned Labour Court did not assign any sufficient and cogent reason as to on what premise the punishment imposed upon the respondent by the employer by an order dated 18.12.1991, can be said to be excessive; keeping in view the seriousness of the charges. The question as to whether an order of punishment is disproportionate to the gravity of charge on the basis whereof the workman has been found to be guilty, must be spelt out in a clear and cogent manner. 8. The High Court also, as indicated hereinbefore, despite noticing the submissions made on behalf of the appellant, did not choose to deal therewith. It passed the operative portion of the order without discussing any materials on record. Even the principles of law on the basis whereof the purported discretionary jurisdiction was sought to be exercised, has not been stated. The High Court noticed the decision of this Court in Regional Manager, U.P.SRTC, Etawah and Ors. v. Hoti Lal and Anr., 2003 (3) SCC 605, but failed and/or neglected to advert to the ratio laid down therein. In Hoti Lal (supra) this Court opined: "It is the res....
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....that verbal abuse has been held to be sufficient for inflicting a punishment of dismissal." This Court further noticed : "23. Mahindra and Mahindra Ltd. v. N.N. Narawade etc. [JT 2005 (2) SC 583 : (2005) 3 SCC 134] is a case wherein the misconduct against the delinquent was 'verbal abuse'. This Court held : It is no doubt true that after introduction of Section 11-A in the Industrial Disputes Act, certain amount of discretion is vested with the Labour Court/Industrial Tribunal in interfering with the quantum of punishment awarded by the management where the workman concerned is found guilty of misconduct. The said area of discretion has been very well defined by the various judgments of this Court referred to hereinabove and it is certainly not unlimited as has been observed by the Division Bench of the High Court. The discretion which can be exercised under Section 11-A is available only on the existence of certain factors like punishment being disproportionate to the gravity of misconduct so as to disturb the conscience of the court, or the existence of any mitigating circumstances which require the reduction of the sentence, or the past conduct of the workman which may persua....
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....ed against, the same by itself cannot be a ground for not exercising the discretionary jurisdiction by us. It may or may not be that the Management was selectively vindictive but no Management can ignore a serious lapse on the part of a teacher whose conduct should be an example to the pupils. This Court has come a long way from its earlier view points. The recent trend in the decisions of this Court seek to strike a balance between the earlier approach of the industrial relation wherein only the interest of the workmen was sought to be protected with the avowed object of fast industrial growth of the country. In several decisions of this Court it has been noticed that how discipline at the workplaces/ industrial undertaking received a set back. In view of the change in economic policy of the country, it may not now be proper to allow the employees to break the discipline with impunity. Our country is governed by rule of law. All actions, therefore, must be taken in accordance with law. Law declared by this Court in terms of Article 141 of the Constitution of India, as noticed in the decisions noticed supra, categorically demonstrates that the Tribunal would not normally interfere ....