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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ANANT RAMANATH HEGDE
Bannari Amman Sugars Ltd. – Appellant
Versus
D Giri, S/o Sri Doreswamy – Respondent
ORDER :
ANANT RAMANATH HEGDE, J.
Heard the learned counsel for the petitioner and the learned counsel appearing for the respondent.
2. This petition is filed challenging the award in terms of which the petitioner/employer is directed to reinstate the respondent/ workman, by setting aside the penalty of termination of service.
3. The impugned award directs the respondent to be reinstated with continuity of service by withholding two annual increments with cumulative effect and only 25% back wages. In other words, 75% back wages is denied.
4. The award is not questioned by the respondent/workman and same has attained finality as against the respondent/workman insofar as denial of 75% back wages and withholding of two annual increments with cumulative effect.
5. The petitioner/employer is before this Court.
6. Admittedly, the respondent was employed in the year 1999 as Cane Sub-Inspector under the petitioner. On 30.06.2003, charge memo was issued against the respondent alleging that the respondent is collecting money unauthorizedly from the farmers, with an intention to make wrongful gain for himself. Another charge is relating to an act of insubordination, wherein he has allegedly insulted
The Labour Court can reduce penalties for misconduct when deemed disproportionate, ensuring the evidence sufficiently supports the charges against an employee.
The court upheld the Labour Court's ruling that the dismissal of the workman was disproportionate to the misconduct proven, awarding compensation instead of reinstatement.
The main legal point established in the judgment is the court's reliance on the admission of misconduct, repetition of misconduct, and the nature of the charge to support the proportionality of the p....
workman has retired from the services and, therefore, whatever benefit is available to the workman, after her retirement, needs to be granted to her due to the order of reinstatement with continuity ....
The Labour Court's interference with the dismissal of an employee was unjustified as the dismissal was proportionate to the misconduct, despite the leave balance.
The appointing authority has discretion in imposing punishment, and courts should interfere only in rare and appropriate cases.
The appointing authority has discretion in imposing punishment, but the court may interfere if the punishment is disproportionate to the charges, and may modify the punishment or remit the case to th....
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