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2000 Supreme(SC) 1641

SUPREME COURT OF INDIA
G.B.Pattanaik : K.G.Balakrishnan
Om Prakash A.Singh
Versus
Municipal Corporation Of Greater Bombay
Case No. : 5845 of 2000
Date of Decision : 10/12/00

K.G.BALAKRISHNAN, J.

(1) LEAVE granted. The appellant was serving as a Conductor and faced the delinquency that he had not issued ticket worth Rs. 2.50 paise, therefore the disciplinary proceedings had been initiated and certain punishment had been awarded. The matter being carried to the Labour Court, the Labour Court came to the conclusion that the punishment awarded is shockingly disproportionate to the delinquency in question1 and as such set aside the order of dismissal. The employer carried the matter to the High Court. The High Court interfered with the award the Labour Court. It is against this order of the High Court, the present appeal has been preferred.

(2) IN course of hearing of this matter, Mr. Parekh, learned counsel, appearing for the Corporation suggested that since the Corporation has lost faith and trust in this employee, instead of reinstatement, the Corporation would be prepared to pay some compensation to him and on the last hearing, after hearing the parties, we had indicated that a sum of Rs. 7 takhs would be a reasonable compensation in final settlement of the claim of the appellant. Mr. Parekh today states that the Corporation is agreeable to pay the compensation of Rs. 7 lakhs. In this view of the matter, we direct that the order of the High Court would stand annulled and on payment of compensation of Rs. 7 lakhs to the appellant, the appellant would not lay any claim against the Corporation either for service or any other matter. The amount of compensation be paid within four weeks from today. The appeal stands disposed of accordingly. No costs.

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