DIVISIONAL MANAGER, RAJASTHAN S.R.T.C. versus KAMRUDDIN

DIVISIONAL MANAGER, RAJASTHAN S.R.T.C. versus KAMRUDDIN

Where misconduct is proved and the disciplinary enquiry is found to be fair, the Labour Court's interference with the quantum of punishment must be judicious; repeated acts of misconduct by a probationer justify termination, and the Certified Standing Orders govern the penalties to be imposed.

Parties
Appellant: Divisional Manager, Rajasthan S.R.T.C.; Respondent: Kamruddin
Jurisdiction
India
Judgment Date
12 May 2009
Procedural Posture
Civil Appeal / Appeal From Division Bench Judgment of Rajasthan High Court, Jaipur Bench in D.b. Special Appeal (writ) No. 416 of 2003
Outcome
Appeal allowed. Judgment and award of Labour Court and High Court set aside.
Legal Topics
Industrial Disputes, Dismissal of Employee, Punishment and Quantum of Punishment, Certified Standing Orders
Labour Law Industrial Disputes Dismissal of Employee Punishment and Quantum of Punishment Certified Standing Orders

Case Brief

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Parties

Divisional Manager, Rajasthan S.R.T.C.

Appellant

Kamruddin

Respondent

Procedural Posture

Civil Appeal / Appeal From Division Bench Judgment of Rajasthan High Court, Jaipur Bench in D.b. Special Appeal (writ) No. 416 of 2003

Legal Issues

  1. 1 Whether Labour Court can interfere with the quantum of punishment imposed by the employer under Section 11A of the Industrial Disputes Act, 1947
  2. 2 Whether the penalty under the Certified Standing Orders prevails over departmental circulars
  3. 3 Whether dismissal of a probationer for repeated misconduct is justified

Ratio Decidendi

Where misconduct is proved and the disciplinary enquiry is found to be fair, the Labour Court's interference with the quantum of punishment must be judicious; repeated acts of misconduct by a probationer justify termination, and the Certified Standing Orders govern the penalties to be imposed.

Court Disposition

Appeal allowed. Judgment and award of Labour Court and High Court set aside.

Orders

  • Labour Court's award and High Court's judgment are set aside.
  • In the facts and circumstances, no order as to costs.