Not Grave Misconduct: Madras High Court Orders Reinstatement of Workman Who Hung Dr. Ambedkar’s Photo in Office without Permission
Case: M. Gowrishankar v. The Deputy Manager (SME) & Ors.
Coram: Justice M. Duraiswamy and Justice J. Sathya Narayana Prasad
Case No.: W.A.Nos. 116 & 117 of 2016
Court Observation: “The Central Government Industrial Tribunal has correctly held that the principle of loss of confidence could be invoked only when the workman holds the position of trust and confidence. Admittedly, in this case the workman/appellant is a last grade servant and there is no allegation of any misappropriation against him. Hence, the question of loss of confidence, as pleaded by the Bank before the Central Government Industrial Tribunal, is not sustainable.”
“11-A. Powers of Labour Courts, Tribunals and National Tribunals to give appropriate relief in case of discharge or dismissal of workmen: Where an industrial dispute relating to the discharge or dismissal of a workman has been referred to a Labour Court, Tribunal or National Tribunal for adjudication and, in the course of the adjudication proceedings, the Labour Court, Tribunal or National Tribunal, as the case may be, is satisfied that the order of discharge or dismissal was not justified, it may, by its award, set aside the order of discharge or dismissal and direct reinstatement of the workman on such terms and conditions, if any, as it thinks fit, or give such other relief to the workman including the award of any lesser punishment in lieu of discharge or dismissal as the circumstances of the case may require.”
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Keywords
Not Grave Misconduct
