The principle of parity in disciplinary proceedings must be applied judiciously, considering the individual circumstances of each case.

P.K.Bhasin, J.

This Writ petition has been directed against the award dated 7th August, 2003 passed by the Labour Court whereby it had granted the relief of reinstatement to respondent no. 2-workman with 50% back wages.

2. In this case, the respondent no. 2 was working with the petitioner as Utility Hand-cum-Driver. On the day of alleged incident that is, 15th June, 1993 the respondent no. 2 was deputed on duty for attending the work of loading and unloading in Lufthansa cargo. He along with his two other companions, Ram Kumar and Gulshan Rai were alleged to have consumed liquor in the Equipment Parking Area at the Indira Gandhi International Airport at about 01.00 hours. When the caretaker on duty objected to that he was threatened by the respondent no. 2 of dire consequences. On the aforesaid allegations, show cause notice dated 16th June, 1993 was issued to the respondent no. 2. This is what exactly was alleged in the notice:-

“It is reported that while you were on duty on June 15, 1993 from 2200 hours to 0600 hours, in Lufthansa Cargo, you along with M/s Ram Kumar and Gulshan Rai consumed liquor and meat at about 01:00 hours in our Equipment Parking Area. This was objected by the Caretaker on duty. But you threatened him with dire consequences, if he reports the matter to authorities. After about half an hour when Duty Officers and a Supervisor came on round to that area, the Caretaker informed them of the above. They smelled alcohol when they came near to you, on their questioning you shouted at them and even refused to hand over your airport entry pass when demanded. Your explanation to the above misconduct is to reach the office of the undersigned latest by June 21, 1993. In case no explanation is received by that day, further disciplinary action shall be initiated against you. Till the time this matter is disposed off, you are required to report for duty at B 5, West End, from 0900 to 1700 hours with an off on Sunday and get your presence marked on the enclosed card. You are also required to handover your airport entry pass to any staff in the office and get an acknowledgement for the same immediately on receipt of this Show Cause Notice.”

3. Respondent no. 2 refuted these allegations against him and demanded enquiry in the matter. His reply is also being re-produced below:-

“With due respect I beg to state that in reference to your Show Cause Notice No. CAPL/PER/412/93 DATED 16.6.93, I was on duty on 15.6.93 from 22.00 hrs. to 6.00 hrs. in Lufthansa Cargo. When I was coming from Cargo to W.N. 43 then my Tractor’s head light done loose. So I informed L H Staff Mr. S. Malhotra at 01.10 hrs and reached for light fitting and returned back at 01.20 hrs. When I was on my duty then at 04.00 hrs Mr. V Kandari & Mr. Solanki came to me and said that you have drunk liquor, so you can go home. After that I said that I have not drunk liquor and that I am ready for the medical check-up. Then Mr. Kandari said that you may go home and there will be no absent as you are present on duty that day. So I went to home. No Airport Entry Pass was demanded by them from me. I have already submitted the Airport Entry Pass in the Office on 18.6.93. In view of the above I humbly request your good self to kindly make enquiry face to face before me from those who are leveling false allegations against me. My reply is submitted for necessary action please”.

4. The petitioner then gave charge sheet to the respondent no. 2 and the other two persons confessed his fault during the enquiry and so charge-sheet against him was withdrawn and he was given the punishment of stoppage of his one increment. Enquiry was held against respondent no.2 in which he was found guilty of the aforesaid charge. The enquiry officer’s report was accepted by the management and it decided to terminate the services of respondent no. 2 and accordingly his services were terminated.

5. The respondent no. 2 then raised a dispute and the Government of NCT of Delhi referred the s