The Aurangabad Bench of the Bombay High Court recently came down upon a labour court for its “misplaced sympathy” in a case..In doing so, the High Court set aside an order of the labour court which had given relief to a bus conductor who had been held guilty of misappropriation of bus tickets worth Rs. 17 in the year 1994. He was also held guilty of similar misconduct in the year 1992. .While noting that the conductor was dismissed for the third time for similar misconduct in 2007, the Single Judge Bench of Justice Ravindra V Ghuge held,.“I find that the impugned judgment of the Labour Court is an outcome of misplaced sympathy since the Labour Court concluded that a very meagre amount has been misappropriated by the respondent. Showing misplaced sympathy in such matters or in matters wherein, a grave offence or misconduct has been committed, is an anathema.” .The labour court had held that the punishment of dismissal was shockingly disproportionate based on the amount involved in the misappropriation. It had thus reinstated the bus conductor. .However, the High Court quashed the reinstatement of the bus conductor and ordered his dismissal..The respondent had joined the petitioner, Dhule Division of Maharashtra State Road Transport Corporation, as a bus conductor in 1981. He became a regular employee in the year 1984..On August 11, 1991, while on duty on the route between Sinnar and Shahada, the bus conductor was apprehended for having collected the ticket fare and permitting two passengers to travel ticket-less..The misappropriated amount was Rs.17. After serving the charge sheet, a departmental enquiry was conducted. The respondent was held guilty of the charges levelled upon him, and he was dismissed from service on September 28, 1994.According to petitioner corporation, he was involved in similar misconduct of misappropriation earlier after which he was dismissed from service on December 7, 1992..The first appellate authority allowed his appeal, and he was reinstated. The second appellate authority reviewed the decision and sustained the order in view that the misappropriation had taken place..The bus conductor then approached the labour court claiming that his past service record was clean and unblemished. He was granted interim relief by the labour court on July 6, 1994. The petitioner corporation did not challenge this order, keeping in view that the second dismissal from service was sub-judice..The labour court concluded that the punishment awarded to the respondent was shockingly disproportionate, despite the fact that the bus conductor was held guilty of misappropriation. While condoning the offence, the labour court granted reinstatement with continuity of service without back wages..A revision petition filed by petitioner corporation was dismissed by the industrial court on February 28, 2002. This prompted the corporation to file a petition in the Bombay High Court..The High Court has now set aside the orders of the labour court and the industrial court..[Read order].Bar & Bench is available on WhatsApp. For real-time updates on stories, click here to subscribe to our WhatsApp.
The Aurangabad Bench of the Bombay High Court recently came down upon a labour court for its “misplaced sympathy” in a case..In doing so, the High Court set aside an order of the labour court which had given relief to a bus conductor who had been held guilty of misappropriation of bus tickets worth Rs. 17 in the year 1994. He was also held guilty of similar misconduct in the year 1992. .While noting that the conductor was dismissed for the third time for similar misconduct in 2007, the Single Judge Bench of Justice Ravindra V Ghuge held,.“I find that the impugned judgment of the Labour Court is an outcome of misplaced sympathy since the Labour Court concluded that a very meagre amount has been misappropriated by the respondent. Showing misplaced sympathy in such matters or in matters wherein, a grave offence or misconduct has been committed, is an anathema.” .The labour court had held that the punishment of dismissal was shockingly disproportionate based on the amount involved in the misappropriation. It had thus reinstated the bus conductor. .However, the High Court quashed the reinstatement of the bus conductor and ordered his dismissal..The respondent had joined the petitioner, Dhule Division of Maharashtra State Road Transport Corporation, as a bus conductor in 1981. He became a regular employee in the year 1984..On August 11, 1991, while on duty on the route between Sinnar and Shahada, the bus conductor was apprehended for having collected the ticket fare and permitting two passengers to travel ticket-less..The misappropriated amount was Rs.17. After serving the charge sheet, a departmental enquiry was conducted. The respondent was held guilty of the charges levelled upon him, and he was dismissed from service on September 28, 1994.According to petitioner corporation, he was involved in similar misconduct of misappropriation earlier after which he was dismissed from service on December 7, 1992..The first appellate authority allowed his appeal, and he was reinstated. The second appellate authority reviewed the decision and sustained the order in view that the misappropriation had taken place..The bus conductor then approached the labour court claiming that his past service record was clean and unblemished. He was granted interim relief by the labour court on July 6, 1994. The petitioner corporation did not challenge this order, keeping in view that the second dismissal from service was sub-judice..The labour court concluded that the punishment awarded to the respondent was shockingly disproportionate, despite the fact that the bus conductor was held guilty of misappropriation. While condoning the offence, the labour court granted reinstatement with continuity of service without back wages..A revision petition filed by petitioner corporation was dismissed by the industrial court on February 28, 2002. This prompted the corporation to file a petition in the Bombay High Court..The High Court has now set aside the orders of the labour court and the industrial court..[Read order].Bar & Bench is available on WhatsApp. For real-time updates on stories, click here to subscribe to our WhatsApp.
