A. K. Sikri, J. (Oral)

( 1 ) THESE two writ petitions are Filed against the same award rendered by Labour Court-111 in I. D. 475 of 1983. Civil Writ Petition No. 3250 of 1996 is filed by the workman and Civil Writ Petition No. 4167 of 1996 is filed by the Management. By the impugned award the Labour Court held that the departmental enquiry conducted against the workman was valid and fair. However, incase of workman Shri 0m Parkash Sharma Punishment of dismissal is converted into that of discharge directing that he would be entitled to benefit of past service and consequential benefits upto the date of order of dismissal. In case of workman, Shri Ram Sanehi, Labour Court had held that the punishment of dismissal was shocking and disproportionate to the charges proved against him and this punishment is accordingly substituted by punishment of stoppage of three increments with cumulative effect. Direction is issued that he be reinstated and he would be entitled to 50% of the backwages as if he remained suspended till the date of passing of the award.

( 2 ) WORKMAN had filed this writ petition challenging the Findings of the Labour Court-111, recorded in award dated 4th May, 1985 and finally confirmed vide award dated 7th May, 1996, holding the enquiry to be fair and valid. Management has filed the writ petition against the aforesaid portion of the award whereby Labour Court has interfered with the punishment imposed upon these two workmen with the prayer that the original punishment of dismissal imposed upon these workmen be restored.

( 3 ) BRIEF facts of the cases, to appreciate the controversy in dispute may be noticed at this stage. Both the workmen are the employee of Scooters India Limited (hereinafter referred to as the Management, for short ). Shri Om Parkash Sharma was appointed as skilled worker (Turner) with the Management on 8th November, 1976 and Shri Ram Sanehi was appointed as semi-skilled worker (Tool Room) on 16th February, 1976. Vide order dated 25th March, 1982, petitioner No. J i. e. Shri 0m Parkash Sharma was suspended from service and vide order dated 28th March, 1982 Shri Ram Sanehi was also suspended from service. Gist of charges levelled against the workmen are as under : -

4-D. The gist of charges levelled against Shri O. P. Sharma (respondent No. 2) are hereunder :- On 24-3-82 at about 9. 00 a. m. he entered the cabin of Mr. C. L. Karnwal, Administrative Officer and surrounded him abused him in foul language.-Slapped on the cheek of Shri C. L. Karnwal.-Instigated other employees to stop work.-Repeatedly attempted to assault Shri C. L. Karnwal with heavy iron rotor stand.-Abused Mr. M. A. Basit, Sr. Officer of Machine Shope.-On 27-3-82 at about 6. 00 p. m. when Shri S. K. Bansal, Deputy Manager was going back to his home, Shri O. P. Sharma and Shri Ram Sanehi and other goods elements forcibly stopped him and assaulted him on the face and on the body with wooden plank.

( 4 ) THE gist of charges levelled against Shri Ram Sanehi in the charge sheet dated 25-3-82 and 26-3-82 (respondent No. 3) are hereunder :-

I. On 24-3-82 at about 9. 00 a. m. he entered the cabin of Shri A. M. Basit, Senior Officer, Machine Shop and surrounded him; also indulged in heated conversation on irrelevant matters; abused him in four language; threatened him of dire consequences. On 24-3-82 slapped Shri C. L. Karnwal, Administrative Officer and also attempted to assault him. II. On 27-3-82 at about 6. 00 p. m. he forced Shri S. K. Bansal, Deputy Manager, who was on his way back to his home, to stop his scooter at the gate and gave continuous blows on his face and assaulted him with wooden plank.

( 5 ) THAT the Ld. Labour Court has the power u/s. 11-A of the I. D. Act, 1947 to interfere with the punishment awarded to the employer for proved misconduct if the punishment is found to be not justified. In fact, under the impugned award dated 7th October, 1996, the Ld. Labour court has not given any reasoning as to how the punishment awa

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