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2005 Supreme(All) 2569

RAKESH TIWARI
Star Paper Mills Limited – Appellant
Versus
Labour Court, Designated Presiding Officer and Sri S. P. Singh Verma – Respondent


Advocates:
Advocate Appeared:
For the Appellant : V.B. Singh and Vijay Sinha
For the Respondent: A.D. Saunders, S.C.

JUDGMENT :

RAKESH TIWARI, J.

1. This writ petition is directed against the impugned award dated 30th November, 2000, contained in Annexure XII to the writ petition, passed by the designated Presiding Officer, Labour Court U.P. for district Saharanpur.

2. The Labour court, by the impugned award, decided the reference in favour of the workman and has held that the action of the management in terminating the services of the workman w.e.f. 31.3.1998 is illegal and unjustified. It has further been held that the punishment of termination from service was too harsh and disproportionate to the misconduct. While granting relief of reinstatement with full back wages to the workman, the Labour Court also directed that instead of termination of service, stoppage of one increment and withholding the wages for period of suspension would be the appropriate punishment on the facts and in the circumstances of the case.

3. The dispute relates to the termination of services w.e.f. 31.3.1998 of respondent No. 4-S.P. Singh Verma.

4. Aggrieved by his termination, the workman raised an industrial dispute. The events which led to the termination of services of the workman were that on the fateful day, i.e., on



































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