Id Act With Case Study

CIBI CHAKRABORTHY.
T
R.No 16
11A. Powers of Labour Courts,
Tribunals and National Tribunals to
give appropriate relief in case of
discharge or dismissal of workmen -
 Where an industrial dispute relating to the discharge or dismissal of a
workman has been referred to a Labour Court, Tribunal or National Tribunal
for adjudication and, in the course of the adjudication proceedings, the
Labour Court, Tribunal or National Tribunal, as the case may be, is satisfied
that the order of discharge or dismissal was not justified, it may, by its
award, set aside the order of discharge or dismissal and direct re-
instatement of the workman on such terms and conditions, if any, as it
thinks fit, or give such other relief to the workman including the award of
any lesser punishment in lieu of discharge or dismissal as the
circumstances of the case may require:
 Provided that in any proceeding under this section the Labour Court,
Tribunal or National Tribunal, as the case may be, shall rely only on the
materials on record and shall not take any fresh evidence in relation to the
matter.
IN THE SUPREME COURT OF INDIA
Civil Appeal No. 5114 of 2009 (Arising out of SLP (C) No.
4224/2009)
Decided On: 04.08.2009
Appellants: U.P. State Road Transport Corporation
Vs.
Respondent: Nanhe Lal Kushwaha
 Appellant is constituted under the Road Transport Corporation Act. It

employed the respondent herein as a conductor. Indisputably, he had
been charged for carrying passengers without tickets on or about
06.04.1984, 10.7.1984, 14.7.1985, 6.3.1986, 23.2.1987 and 4.3.1987. A
disciplinary proceeding was initiated against him on or about 6.9.1987.
In the said departmental proceedings he was found guilty of the charges
levelled against him. He was removed from service by the appointing
authority by an order dated 18.12.1991.
ISSUES RAISED
 He raised an industrial dispute. Labour Court-II, Kanpur for its

decision on the following question:
 Whether termination of services by the employers of their

workman Nanhe Lal Kushwaha, S/o Heera Lal Kushwaha,
Conductor vide order dated 18.12.1991 is legal and/or valid? If
not, then to what relief/compensation the concerned workman
is entitled to get? And with what other details?
LABOUR COURT
HELD
 The workman concerned with the dispute was fully guilty for the
misconduct committed on 06.03.1986 and 04.03.1987 proved on the
basis of evidence of the witnesses produced by the Respondents but he
was not guilty for the misconducts committed on 10.04.1984,
14.07.1985, 06.4.1984 and 23.02.1987.
 conclusion that the punishment imposed by order dated 18.12.1991 by
the employers on the workman concerned with the dispute, Nanhe Lal
Kushwaha was excessive considering the seriousness of charges.
Therefore, amending the order dated 18.12.1991 passed by Respondent,
they are being directed to reinstate Shri Nanhe Lal Kushwaha, S/o Shri
Heera Lal Kushwaha, Conductor from the date of removal from service
i.e. 18.12.1991 with continuity of service.
 directed that they will pay 75% of wages and other wages and other
benefits to the concerned workman during the period of unemployment.
 Respondent workman was reinstated in service under the
interim order of this Court dated 17.7.2000 and retired from
service, it was directed that the award of the Labour Court shall
stand modified to the extent that no back-wages shall be.
payable to the workman concerned but he may be given
continuity of service for the purposes of retiral benefits.
 For the reasons stated above, the writ petition was partly
allowed. No order as to costs
 This Court times without number has deprecated the practice adopted by
the High Courts in disposing of the writ petitions without assigning any
reason. It is well settled that industrial tribunal or a labour court may
interfere with a quantum of punishment awarded by the employer in
exercise of its power under Section 11A of the U.P. Industrial Disputes Act
but, ordinarily, the discretion exercised by the employer should not be
interfered with. The learned Labour Court did not assign any sufficient and
cogent reason as to on what premise the punishment imposed upon the
respondent by the employer by an order dated 18.12.1991, can be said to
be excessive; keeping in view the seriousness of the charges. The question
as to whether an order of punishment is disproportionate to the gravity of
charge on the basis whereof the workman has been found to be guilty,
must be spelt out in a clear and cogent manner.
Cont…
 It is the responsibility of the bus conductors to collect the correct fare from the
passengers and deposit the same with the Corporation. They act in a fiduciary
capacity and it would be a case of gross misconduct if knowingly they do not
collect any fare or the correct amount of fare.
 It needs to be emphasized that the court or tribunal while dealing with the quantum of
punishment has to record reasons as to why it is felt that the punishment was not
commensurate with the proved charges. High Court's order would go to show, no reasons
whatsoever have been indicated as to why the punishment was considered disproportionate.
Failure to give reasons amounts to denial of justice.
 If the charged employee holds a position of trust where honesty and integrity are inbuilt
requirements of functioning, it would not be proper to deal with the mater leniently. Misconduct
in such cases has to be dealt with iron hands. Where the person deals with public money or is
engaged in financial transactions or acts in a fiduciary capacity, the highest degree of integrity
and trustworthiness is a must and unexceptionable. Judged in that background, conclusions of
the Division Bench of the High Court do not appear to be proper.
Cont…
 It is well-established principle in law that in a given circumstance it is open to
the Industrial Tribunal acting under Section 11A of the Industrial Disputes Act,
1947 has the jurisdiction to interfere with the punishment awarded in the
domestic inquiry for good and valid reasons. If the Tribunal decides to interfere
with such punishment it should bear in mind the principle of proportionality
between the gravity of the offence and the stringency of the punishment.
 In our view, even short remittance amounts to misconduct. We, therefore, have
no hesitation to set aside the order passed by the leaned Judges of the Division
Bench and restore the order of dismissal of the respondent from service. It is
stated that pursuant to the order of Labour Court the respondent was reinstated
in service. Since there was no stay granted by this Court the respondent had
continued in service of the Corporation. In view of the law laid down by this
Court and of the facts and circumstances of this case, the respondent, in our
opinion, has no legal right to continue in service any further. We, therefore,
direct the appellant Corporation to immediately discharge the respondent from
service. However, we make it clear that the salary paid to the respondent and
other emoluments during this period shall not be recovered from the
respondent. We also make it further clear that in view of the order of dismissal
the respondent shall not be entitled to any further emoluments.

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CIBI CHAKRABORTHY.

 Appellant is constituted under the Road Transport Corporation Act. It

 He raised an industrial dispute. Labour Court-II, Kanpur for its

 Whether termination of services by the employers of their

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