TaxTMI 
TaxTMI 
2007 (12) TMI 461
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....the charges levelled against him. The High Court while maintaining the findings recorded by the Labour Court that the punishment of removal was excessive in comparison to the charges levelled against the workman, reduced the back wages to 50%. 3. Respondent-workman was appointed as a Conductor in the U.P. State Road Transport Corporation (the appellant herein) on 26.9.1991. Respondent was conducting the bus on Kalsi- Chhani route, which was checked and, on inspection it was found that out of 45 passengers, 28 passengers from Kalsi to Chhani were without ticket. The Inspecting Team found that the Conductor had already recovered fare from 8 such without- ticket passengers. That he had issued 6 tickets which were not in seriatim and their ori....
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....t referred the following dispute to the Labour Court, Dehradun for adjudication:- "Whether the termination of the services of the applicant/workman Shri Vinod Kumar S/o Shri Ravi Ram Singh, Conductor by the employers from 31.07.1999 is unjustified and/or illegal? If so, to which benefit/compensation the applicant/workman is entitled and to what extent?" 6. Both the parties filed written statement, rejoinders and documents before the Labour Court. 7. Respondent did not press the legality and fairness of the enquiry proceedings and confined his case only to the conclusions reached by the Enquiry Officer as well as the quantum of punishment. 8. Labour Court, without appreciating the fact that in the absence of challenge to the legality or....
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....to go into the findings recorded by the Enquiry Officer regarding the misconduct committed by the respondent. This Court in a number of judgments has held that the punishment of removal/dismissal is the appropriate punishment for an employee found guilty of misappropriation of funds; and the Courts should be reluctant to reduce the punishment on misplaced sympathy for a workman. That, there is nothing wrong in the employer losing confidence or faith in such an employee and awarding punishment of dismissal. That, in such cases, there is no place for generosity or misplaced sympathy on the part of the judicial forums and interfering with the quantum of punishment. Without burdening the judgment with all the judgments of this Court on this poi....