TMI Blog2006 (7) TMI 663X X X X Extracts X X X X X X X X Extracts X X X X ..... n on behalf of the respondent. The respondent was also called absent. We, therefore, decided to hear the appeal on merits and also carefully perused the pleadings, the order of the Labour Court, judgment of the Single Judge and of the Division Bench of the High Court and other relevant records. We also heard the learned argument of Ms. Anitha Shenoy, learned counsel for the appellant-Corporation. BACKGROUND FACTS: The respondent joined the Corporation as a conductor. While he was on duty, the appellant-Corporation noticed that he was under the influence of alcohol and did not issue tickets to the passengers. The appellant-Corporation issued Articles of Charge to the respondent-conductor and he replied to the same. The charges, which are grave in nature, are enumerated as below: 1. That it is reported that you are in a habit of consuming alcohol while on duty and created bad scene of the Corporation among the public by spoiling the image of the Corporation apart from financial loss to the Corporation. (not proved) 2. That on 27.12.90 you were booked on Devadurga Hosur N/o Schedule No.16/B. 16 along with Sri. Allapa driver No. 2022 but you were not able to discharge ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the charges. There is no reason to discard the testimony of M.W.1, accordingly I hold that all the charges have been proved by the management. Hence this report. The Disciplinary Authority, after perusing the details of the inquiry proceedings, replied to the respondent to the Articles of Charge and other available material, agreed with the findings of the Inquiry Officer and dismissed the respondent from service. Aggrieved by the order of dismissal, the respondent raised an industrial dispute under Section 10(4) of the Industrial Disputes Act, 1947 before the Labour Court, Gulbarga to which the Corporation replied. The Presiding Officer, Labour Court, by his order dated 30.08.1996, while deciding the preliminary issue regarding the validity of inquiry proceedings held the same to be illegal and invalid in view of the denial of reasonable opportunity to the respondent. The Labour Court, by its Award dated 17.12.1996, held that out of 4 charges levelled against the respondent, the 4th charge regarding pilferage against the respondent stood proved. As regards punishment, dismissal from service was substituted with reinstatement and 75% backwages. Aggrieved by the award d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of pilferage levelled against him and directed reinstatement with back wages. In our view and as rightly pointed out by learned counsel for the appellant any dereliction of duty in this regard is highly detrimental to its financial well being and against public interest. We shall now consider the judgment of the High Court. The High Court, in our view, has erred in affirming the award of the Labour Court insofar as the award of reinstatement is concerned. As rightly urged by Ms. Anitha Shenoy that the charges of pilferage was established against the respondent workman such misconduct is grave and has the effect of disrupting the services of a public transport system. This Court in the judgment reported in (2002) 10 SCC 330 - Regional Manager, RSRTC vs. Ghanshyam Sharma (3 Judges) held that the proved acts of misconduct either to a case of dishonesty or of gross negligence and bus conductors who by their actions and inactions cause financial loss to the Corporation ought not to be retained in service. The judgment in Karnataka SRTC vs. B.S. Hullikatti reported in (2001) 2 SCC 574 (2 Judges) was also referred to and relied on by the 3 Judges Bench in the above judgment. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng wrong in the Corporation losing confidence or faith in such an employee and awarding punishment of dismissal. In such cases, there is no place for generosity or misplaced sympathy on the part of the judicial forums and interfering therefore with the quantum of punishment. The judgment in Karnataka State Road Transport Corpn. Vs. B.S. Hullikatti, (2001) 2 SCC 574 was also relied on in this judgment among others. Examination of passengers of vehicle from whom the said sum was collected was also not essential. In our view, possession of the said excess sum of money on the part of the respondent, a fact proved, is itself a mis-conduct and hence the Labour Court and the learned Judges of the High Court misdirected themselves in insisting on the evidence of the passengers which is wholly not essential. This apart, the respondent did not have any explanation for having carried the said excess amount. This omission was sufficient to hold him guilty. This act was so grossly negligent that the respondent was not fit to be retained as a conductor because such action or inaction of his was bound to result in financial loss to the appellant irrespective of the quantum. In this context, it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ding that Charge No.4, with regard to the pilferage, has been proved beyond any doubt. In our opinion, the conclusion arrived at by the High Court in ordering reinstatement was shockingly disproportionate in the nature of charge No.4 found proved. When charge No.4 is proved, which is grave in nature, interference with the punishment of dismissal cannot be justified. Similarly, the High Court gets jurisdiction to interfere with the punishment in the exercise of its jurisdiction under Article 226 of the Constitution only when it finds that the punishment imposed is shockingly disproportionate to the charges proved. Ms. Anitha Shenoy also cited a recent decision of this Court reported in (2005) 7 SCC 447 \026 Rajasthan State Road Transport Corpn. And Others vs. Zakir Hussain (Ruma Pal and Dr. AR. Lakshmanan, JJ). The respondent therein was also a conductor of the appellant-Corporation. He challenged the termination of his service as being in violation of the provisions of the Standing Order. However, without availing the remedy available to him under the Industrial Disputes Act, 1947 he approached the Civil Courts and obtained decrees in his favour. It was challenged by the managem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... modify the order passed by the learned Single Judge to the extent he has directed the appellant- Corporation to pay 25% back wages. The Division Bench deleted the direction in regard to the payment of back wages but retained the order in regard to the reinstatement. The said order is exfacie illegal and contrary to the principles laid down by the various decisions of this Court which have been referred to in paragraphs supra and also on the proved facts and circumstances of the case. Having accepted all the facts that the charges of short remittance was proved and yet the learned single Judge and the learned Judges of the Division Bench proceeded to pass an order ordering reinstatement which clearly goes against the mandate of the various judgments of this Court. In our view, even short remittance amounts to mis-conduct and, therefore, applying the rulings of this Court, the impugned order ought not to have been passed by the Division Bench ordering reinstatement. We, therefore, have no hesitation to set aside the order passed by the learned Judges of the Division Bench and restore the order of dismissal of the respondent from service. It is stated that pursuant to the order of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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