TaxTMI 
TaxTMI 
2008 (12) TMI 726
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....a misconduct relating to sale of tickets and other irregularities in respect thereof. However, a notification in the mean time was issued notifying 300 vacancies of conductors on 2.9.1987. The last date for filing an application for appointment pursuant thereto was fixed as 14.9.1987. He applied for the said post and eventually appointed by the appellant for its Zaheerabad Depot which is said to be 200 kilometers away from Siddipet Depot. 4. Indisputably, respondent did not disclose that he had earlier been removed from service on the charges of misconduct. His services were also regularized. However, later on the Corporation came to learn that the respondent had concealed the fact as regards his previous employment with it and his removal therefrom. A charge sheet was issued. Pursuant thereto, a departmental proceeding was initiated. In the said departmental proceeding, he was found guilty of the charges levelled against him. A second show cause notice was issued to which respondent showed cause. An order of removal from service was issued on or about 27.4.1992. An appeal preferred there against was also dismissed by reason of order dated 20.10.1992. 5. Respondent filed an a....
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.... Pradesh at Hyderabad allowed the said writ petition, opining: "The order removing him from service having been rightly held invalid the petitioner ought to have been granted the benefit of back wages too, for the period he was put out of service illegally and without any jurisdiction. On the above analysis the order of the Labour Court in I.D. No. 103/1993 dated 9.8.1998 to the extent it denies the full back wages to the petitioner is unsustainable and is set aside. It is brought to my notice by Sri Sai Ram Goud, learned counsel for the petitioner that the petitioner has obtained employment in November, 1996 soon after pronouncement of the award in I.D. No. 103/1993 and before publication of the award in G.O. Rt. No. 244 dated 3.2.1997 and that this fact has been informed to the respondent corporation. It is therefore very fairly contended by Sri Sairam Goud learned counsel for the petitioner that the entitlement of the petitioner for back wages would be only from 27.4.1992 to October 1996 the latter being the month after which he had obtained alternative and gain employment and was therefore no longer in service of the respondent corporation." 7. An intra court appeal pr....
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.... disproportionate and unjustified'. There is no finding that the order of removal was wholly illegal and, thus, void ab initio. As noticed hereinbefore, the validity and/or legality of the domestic enquiry was upheld. The Labour Court in exercise of its power under Section 11A of the Act may substitute one punishment for the other in the event it comes to the conclusion that the quantum of punishment is disproportionate to the gravity of the misconduct wherewith the delinquent employee was charged. It is one thing to say that the order of reinstatement with back wages is a logical corollary of a finding that the order of termination is wholly illegal and without jurisdiction but it is another thing to say that the punishment imposed being very harsh and disproportionate and, therefore, was found to be unjustified. Whereas in the former case, back wages may or may not be granted keeping in view the facts and circumstances of the case but in the latter the labour court may substitute one punishment for the other. The award of the labour court belongs to the second category of cases. If that be so, the High Court was bound to consider as to whether it should interfere with such a ....
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....essive punishment is a result of such scheme or intention. In such cases, the principles relating to back-wages etc. will be the same as those applied in the cases of an illegal termination. 21. In this case, the Labour Court found that a charge against the employee in respect of a serious misconduct was proved. It, however, felt that the punishment of dismissal was not warranted and therefore, imposed a lesser punishment of withholding the two annual increments. In such circumstances, award of back wages was neither automatic nor consequential. In fact, back wages was not warranted at all." Thus, the said decision itself is an authority that grant of back wages is not automatic. We may also notice that therein this Court emphasized that the Courts or the Tribunals while directing reinstatement are required to apply their judicial mind to the facts and circumstances to decide whether "continuity of service" and/or "consequential benefits" should also be directed; and as regards back wages whether the same should be awarded fully or only partially would depend upon the facts and circumstances of each case. The said decision therefore instead of assisting the case of the res....