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SUPREME COURT OF INDIA
C.A. VAIDIALINGAM AND P. JAGANMOHAN REDDY, JJ.
The Management of the Federation of Indian Chamber of Commerce and Industry - Appellant
Versus
Their Workman, R.K. MIttal - Respondent
Civil Appeal No. 244 of 1967.
Decided On : 15-11-1971
Industrial Disputes Act, 1947 – Sections 2, 10 – Misconduct – Reinstatement challenged – In this Appeal Award of Labour Court directing reinstatement of Respondent R. K. Mittal, an employee of Appellant Award of Labour Court directing reinstatement of Respondent, an employee of Appellant with full back wages and continuity of service is challenged – 20th Congress of International Chamber of Commerce was held in Delhi for which purpose a Committee known as Indian National Committee of International Chamber of Commerce was brought into existence and services of Respondent along with other workmen were loaned to it by Federation – Held, It is clear that it is not Federation that conducted Congress but another organisation which was brought into being for that purpose – It is this Committee namely Indian National Committee which employed Respondent and in circumstances there is little justification for taking umbrage when Respondent in spite of his demand to settle his claim was not given satisfaction if he issued a notice to all 3 organisations – At any rate fact that Respondent did not intend to cast any aspersion against Federation became also evident from manner in which he tendered his apology and said that he never had any such intention – Notwithstanding this apology punishment of discharge for a workman who has served Federation for 12 years without any cause for complaint and had worked for 40 days receiving overtime payment for only seven days was far in excess of what be deserved even if he was considered to be guilty of any misconduct – It is not denied that there are no standing orders specifying misconduct which would justify dismissal and what misconduct would justify other disciplinary action – In these circumstances it is open to Tribunal to go into question whether punishment was disproportionate to misconduct complained of as to amount to victimization – It is a settled rule that award of punishment for misconduct is a matter for management to decide and if there is justification for punishment imposed, Tribunal should not interfere; but where punishment is so disproportionate that no reasonable employer would ever have imposed it in like circumstance, Tribunal may treat imposition of such punishment as itself showing victimisation or unfair labour practice. – In view of fact that domestic tribunal acted on no evidence at all because it was found that intention with which Respondent had issued notices to International Chamber of Commerce and Industry could not be ascertained, Tribunal was justified in allowing evidence to be led and on that evidence to come to conclusion that termination of service was wrong – Court cannot help feeling that Federation had made a mountain out of a mole hill and made a trivial matter into one involving loss of its prestige and reputation. – Appeal Dismissed
JUDGMENT :
P. Jaganmohan Reddy, J. - In this Appeal the Award of the Labour Court directing reinstatement of the Respondent R. K. Mittal, an employee of the Appellant the Award of the Labour Court directing reinstatement of the Respondent R. K. Mittal, an employee of the Appellant (hereinafter referred to as 'the Federation') with full back wages and continuity of service is challenged, In February, 1965, the 20th Congress of International Chamber of Commerce was held in Delhi for which purpose a Committee known as the Indian National Committee of International Chamber of Commerce was brought into existence and the services of the Respondent along with other workmen were loaned to it by the Federation. The Respondent worked for about 40 days but was only paid overtime for about 7 days and consequently for about days and consequently he claimed overtime for the remainder of the days as according to him other workmen had also bee paid similarly. This claim was not admitted by the Federation with the result that the Respondent caused a Lawyer's notice to be issued to the Federation, to the Indian National Committee of International Chamber of Commerce and to the International Chamber of Commerce with its Head Office at Paris, demanding payment of his dues amounting to about Rs. 600/-. When no replies were received, he caused another notice to be served the retaining to file a suit whereupon the International Chamber of Commerce sent a telegram to the Federation enquiring whether it should deal with the matter or whether they would deal with it. To this the Federation replied that it will deal with it, but it appears that the claim of the Respondent was not settled. The Respondent then filed a suit for the payment of the arrears. The Federation felt that this action of the Respondent in causing legal notices to be served on the International Chamber of Commerce was taken with a view to bringing the Federation into disrepute, and it was capable of so bringing it in the eyes of the International Chamber of Commerce which Act being inconsistent with his duties and obligations as an employee constituted misconduct. A charge-sheet was served on the Respondent and a domestic enquiry was held in which he was held to be guilty of misconduct. This finding was forwarded to the Secretary who instead of dismissing him took a lenient view and terminated his services. Thereafter it is alleged that he filed a suit against the Federation and subsequently raised an Industrial dispute which was referred to the Labour Court for determination of the following issues namely whether the termination of the services of Shri R. K. Mittal is illegal and unjustified and if so what directions are necessary in this respect. After this reference it is stated that the suit filed by him have been withdrawn.
2. It was alleged that the workmen's grievance was unjustified and ins spite of his being informed that no discrimination has been practised he with a view to harass the management and compel it by unfair means to pay him more than what was legitimately due to him, started making complaints simultaneously to the Federation and International Chamber of Commerce which did not employ him and with the full knowledge that whatever grievance he legitimately had, had to be resolved only by a reference to the Federation which was his employer. It was averred that the enquiry conducted was fully in accordance with the principles of natural justice and requirements of law, that the findings of the Enquiry Officer were fair, reasonable and fully supported by the records of the Enquiry and that these definitely established the guilt of the Respondent. In any case the Federation was not an industry. On behalf of the Respondent it was contended that the Federation alone was not the host but it was the Indian National Committee of the International Chamber of commerce constituted of some officials of the Federation and the International Chamber of Commerce which conducted the
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