DIVISIONAL CONTROLLER, N.E.K.R.T.C. versus H.AMARESH

DIVISIONAL CONTROLLER, N.E.K.R.T.C. versus H.AMARESH

The respondent was found guilty of pilferage, a grave misconduct justifying dismissal; reinstatement and award of back-wages by Labour Court and High Court is contrary to settled law and perverse; the Supreme Court restored the order of dismissal and directed discharge, with clarification that emoluments paid during service need not be recovered.

Parties
Appellant: Divisional Controller, N.E.K.R.T.C.; Respondent: H. Amaresh
Jurisdiction
India
Judgment Date
17 July 2006
Procedural Posture
Civil Appeal / Final Judgment of Supreme Court
Outcome
Appeal allowed; restoration of dismissal; respondent directed to be discharged
Legal Topics
Industrial Disputes, Misconduct, Dismissal, Reinstatement, Back Wages, Pilferage, Natural Justice, Conduct and Discipline Regulations
Labour Law Industrial Disputes Misconduct Dismissal Reinstatement Back Wages Pilferage Natural Justice +1 more

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Parties

Divisional Controller, N.E.K.R.T.C.

Appellant

H. Amaresh

Respondent

Procedural Posture

Civil Appeal / Final Judgment of Supreme Court

Legal Issues

  1. 1 Whether reinstatement with back wages is justified for an employee found guilty of pilferage
  2. 2 Whether the order of dismissal by the employer is proper in the circumstances

Ratio Decidendi

The respondent was found guilty of pilferage, a grave misconduct justifying dismissal; reinstatement and award of back-wages by Labour Court and High Court is contrary to settled law and perverse; the Supreme Court restored the order of dismissal and directed discharge, with clarification that emoluments paid during service need not be recovered.

Court Disposition

Appeal allowed; restoration of dismissal; respondent directed to be discharged

Orders

  • Orders of Labour Court, Single Judge, and Division Bench set aside
  • Order of dismissal of respondent workman restored