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G.P. Mathur#A.K. Mathur#254SC2050Judgment/OrderAIC#AIR#AIR#ALT#ESC#FLR#INSC#JCR#JT#LLJ#MANU#SCALE#SCC#SCC(LS)#SCR(Supp)#SCT#SLJ#SLRA.K. Mathur,SUPREME COURT OF INDIA2012-9-24When Dismissal is Held to be Justified,Dismissal of A Workman,Miscellaneous,Punishment,Loss of confidence,Labour and Industrial Law17163 -->
MANU/SC/8517/2006
True Court CopyTM English
IN THE SUPREME COURT OF INDIA
Civil Appeal No. 4238 of 2006 (Arising out of SLP (C) No. 1119 of 2006)
Decided On: 22.09.2006
Appellants: U.P. State Road Transport Corporation, Dehradun Vs. Respondent: Suresh Pal
Hon'ble Judges/Coram:
G.P. Mathur and A.K. Mathur JUDGMENT
A.K. Mathur, J.
1. Leave granted.
2. This appeal is directed against an order passed by the learned Single Judge of the Uttaranchal High Court at Nainital in Writ Petition No. 729(M/S) of 2001 whereby learned Single Judge by order dated 28.7.2005 has confirmed the finding of the Tribunal holding the delinquent guilty of charges but the punishment of dismissal is not commensurate to the charges leveled against the respondent. The learned Single Judge has reduced the punishment from that of dismissal to that of punishment of one censure entry and stoppage of two increments with cumulative effect. It is, however, held that the respondent shall not be paid back wages but the continuity of the service shall be given to him with cumulative effect. Hence, the present appeal has been filed by U.P. State Road Transport Corporation, Dehradun.
3. Brief facts are that the respondent was appointed as a Conductor on 24.7.1988. While he was carrying the bus of U.P. State Road Transport Corporation (hereinafter referred to as 'the Corporation') on 28.7.1989 from Uttarkashi to Chamoli, the bus was suddenly checked and it was found that twenty passengers were travelling without ticket in the bus. A chargesheet was served to him for misconduct and after holding a domestic enquiry, he was dismissed from service w.e.f. 5.1.1990. After dismissal from service he raised an industrial dispute. A reference was made to the Industrial Labour Court which reads as under:
Whether the termination of the services of the applicant /workman Shri Suresh Pal, s/o Nathu Ram, Conductor by the employers from 5.1.1990 is unjustified and/or illegal? If so, to which benefit/compensation the applicant/workman is entitled and to what extent?
After receipt of the reference, the Labour Court issued notices to the parties. The Labour Court after considering the domestic enquiry found the charges proved against the respondent and upheld the dismissal. Aggrieved against this order the respondent filed writ petition before the High Court of Uttaranchal at Nainital. The learned Single Judge though confirmed the findings of Labour Court agains........