Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | (b) Labour Laws: Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act 1971-Schedu/e IV Item l(a) (d) (j) and (g)- Misconduct of sleeping during duty hour. |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Labour Laws: Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971-Schedule IV Item 1(a),(b),(d), (j) and (g)-Misconduct of sleeping during duty hours-Domestic enquiry-Misconduct admitted by employee and proved-On previous occasions also found guilty of misconduct-Punishment of dismissal-Labour Court held the punishment disproportionate and directed reinstatement with back wages-Dismissal order approved by Industrial Tribunal and Single Judge of High Court-Division Bench of High Court held the punishment disproportionate and as such amounted to legal victimisation and unfair labour practice under clause (a) of Item 1-Factual foundation for legal victimisation not laid by employee-On appeal, held: In the facts of the case, punishment was not disproportionate or arbitrary-In absence of any plea of victimisation and in absence of foundational fact in arriving at conclusion of legal victimisation invoking of clause (a) by High Court was erroneous-Model Standing Order framed under the Industrial Employment (Standing Orders) Act, 1946-Standing Order 24(1). Industrial Courts-Jurisdiction-Scope of-Industrial Courts would not sit in appeal over the decision of the employer unless there exists statutory provision in that behalf. Respondent was employed with appellant-Company. Disciplinary proceeding was initiated against him under Standing Order 24(1) of Model Standing Order framed under the Industrial Employment (Standing Orders) Act, 1946, as he was found asleep during duty hours. The act of misconduct was admitted by him. Domestic enquiry was held. He was found guilty and was dismissed. On earlier three occasions also he was found guilty of misconduct wherein only minor punishment was imposed. He filed complaint under item 1(a), (b), (d), (f) and (g)of Schedule IV of Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971. Labour Court held that domestic enquiry against the respondent was fair and proper and the finding recorded by the Enquiry Officer was not perverse. However, it held that the punishment was harsh and disproportionate and directed reinstatement with 50% back wages. Respondent as well as appellant filed revision application. Industrial Tribunal while allowing the application of appellant and dismissing that of the respondent held that in case of proved misconduct, question of victimisation does not arise. Writ Petition of respondent was dismissed by Single Judge of High Court. His Letters Patent Appeal was allowed by the Division Bench holding that though respondent was guilty of major misconduct, his punishment was disproportionate and as such the same amounted to legal victimisation and employer was guilty of having engaged in an unfair labour practice under clause (a) of Item I of Schedule IV. However, it directed payment of a sum instead of reinstatement. In appeal to this Court, appellant contended that in case of proved misconduct, question of victimisation did not arise; that respondent had prevaricated his stand from Court to Court inasmuch as in Industrial Court he invoked clause (g) of Item (1) of Schedule IV, before Single Judge invoked clause (b) thereof but Division Bench, passed judgement invoking clause (a) although no foundational fact was pleaded in support thereof. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2005 INSC 39 |
Petitioner | Bharat Forge Co. Ltd. |
Respondent | Uttam Manohar Nakate |
SCR | [2005] 1 S.C.R. 545 |
Judgement Date | 2005-01-18 |
Case Number | 4399 |
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