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DELHI HIGH COURT
DIPAK MISRA, SANJIV KHANNA
BSES Rajdhani Power Ltd. – Appellant
Versus
Union of India – Respondent


JUDGMENT

Dipak Misra, C.J. In this intra-court appeal, the assail is to the order dated 28.7.2010 passed by the learned Single Judge in WP(C) No.14237/2006 declining to interfere with the award dated 17.12.2005 passed by the Labour Court X, Karkardooma Courts in ID No.63/1998 whereby the reference was answered in favour of the respondent-workman on the foundation that the order of termination which was passed on conviction for offences punishable under Section 323/149/148 of the Indian Penal Code (for short `IPC') did not tantamount to conviction for offences involving moral turpitude and further the punishment imposed did not reflect proper exercise of discretion vested in an employer while dealing with an employee.

2. The facts which are essential to be enumerated are that the respondent-workman was in the employment of Delhi Vidyut Board as a Peon since 25.10.1978. On 4.5.1993, he was convicted in a criminal case for offences punishable under Sections 148/302/323 and 149 IPC and sentenced to undergo life imprisonment. The judgment of conviction and the order of sentence were assailed in a criminal appeal before the High Court of Punjab & Haryana wherein the High Court found hi

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