Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law – Dismissal from service |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Service Law – Dismissal from service – Appellant was dismissedfrom service, on basis of a domestic enquiry, by the respondentno.1-bank on the ground of misconduct – Labour Court set asidethe order of the dismissal and granted appellant 50% back wagesalong with reinstatement – High Court set aside the award of theLabour Court – On appeal , held: Labour Court committedjurisdictional error as it failed to decide the validity and legality ofthe domestic enquiry and thereafter, if domestic enquiry was foundto be legal and proper, then it was to consider the proportionalityof the punishment given to the appellant – Furthermore, whileawarding 50% backwages, the Labour Court did not examine thequestion as to whether the appellant had pleaded and proved withaid of evidence that he was not gainfully employed after dismissalfrom service – High Court also failed to notice the jurisdictionalerrors committed by the Labour Court – However, there was noground to interfere in the conclusion arrived by the High Courtwhich resulted in upholding of the dismissal order – On perusal ofthe enquiry proceedings along with the Enquiry Report, no casewas made out to hold that the domestic enquiry suffered from anyprocedural lapse or was conducted in violation of the principle ofnatural justice thereby causing any prejudice to the rights of theappellant – Order of dismissal passed against the appellant wasneither wrong and nor disproportionate to the gravity of charges –Thus, punishment of dismissal upheld – Industrial Disputes Act, 1947– s.11-A. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2018 INSC 841 |
Petitioner | M.l. Singla |
Respondent | Punjab National Bank And Anr. |
SCR | [2018] 11 S.C.R. 455 |
Judgement Date | 2018-09-20 |
Case Number | 1841 |
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