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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
NUPUR BHATI
Chief Manager, Rajasthan State Road Transport Corporation – Appellant
Versus
Ramswaroop Bhambhu, S/o Sh. Ramgopal – Respondent
JUDGMENT :
NUPUR BHATI, J.
1. The petitioner has filed the present writ petition assailing the propriety, validity, and correctness of the Award dated 24.02.2020 (Annex.1) passed by the Labour Court, whereby the punishment imposed upon the respondent-workman of stoppage of two annual grade increments with cumulative effect was modified to non-cumulative effect, seeking following relief:-
“It is therefore, respectfully prayed that this writ petition may kindly be allowed and by an appropriate, writ order or direction the impugned order dt. 24.02.2020 Annex. I may kindly be declared illegal and be accordingly quashed and set aside.
Any other relief to which petitioners appears entitle to may kindly be also be passed in favour of the petitioner.”
2. The facts giving rise to the dispute are that on 08.08.2014, while the respondent-workman was discharging his duties as a Conductor on the Sri Ganganagar to Raisinghnagar route, the bus was inspected by the inspection team upon its arrival at Chunavadh. During inspection, ten passengers were found travelling without tickets. A red remark was marked by the inspection team, whereafter the respondent-workman allegedly misled the passengers and abu
The Labour Court cannot modify disciplinary punishment unless it is shockingly disproportionate to the established misconduct; failure to provide cogent reasons for modification renders the interfere....
A Labour Court's discretion to modify penalties under Section 11-A of the ID Act requires clear findings of disproportionate punishment or mitigating circumstances; mere length of service does not su....
The Labour Court must record subjective satisfaction regarding the proportionality of punishment before modifying a dismissal to a lesser penalty under the Industrial Disputes Act.
The main legal point established in the judgment is that the punishment imposed for misconduct must be commensurate with the seriousness of the breach of trust and financial irregularity. The court e....
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.
Judicial intervention in disciplinary actions must be based on legal standards, not compassion, especially when misconduct is proven.
Discretion under Section 11-A must be exercised judiciously; compassion cannot be the basis for modifying penalties in labor disputes involving misconduct.
The reviewing authority must provide adequate justification for enhancing punishment in disciplinary proceedings, adhering to principles of natural justice.
Award cannot be unsettled, invoking the power of this Court under Article 226 of the Constitution of India
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