JUDGEMENT
P. K. Balasubramanyan, J. -
(1.)The appeal C.A. No. 1339 of 2003 is by the employer. C.A. No. 1340 is by the employee. The employee was working as a muster roll labourer in the employer-Organization. On 19-1-1984, while in employment, he allegedly physically assaulted a superior officer A.K. Singh, Sub-Engineer. He hit him with a tension screw on his back and on his nose. The blow on the nose allegedly resulted in fracture of the nose and severe bleeding. According to the employer, consequent on the incident, the employee remained unauthorizedly absent for about three weeks. A show cause notice along with a memo of charges based on his assault on the superior officer and his unauthorized absence from duty, was served on him. He was charged with violating the services rules of the employer-organization. Pursuant to the objections filed by the employee, an enquiry officer was appointed to hold a domestic enquiry. A proper enquiry was held. The Enquiry Officer found the charges proved and submitted a report on that basis. On 14-9-1984, based on the findings, the services of the employee were terminated with effect from 15-9-1984.
(2.)At the instance of the employee, a reference was made to the Labour Court. The Labour Court did not disagree with the finding at the enquiry either on the inflicting of injuries on the superior officer or on the unauthorized absence and the consequent violations of the service rules. The Labour Court took the view that the punishment of termination inflicted on the employee was punitive in nature. The employee had been kept out of service till the date of the decision by that Court and that was enough punishment in the circumstances. Therefore, exercising its powers under Section 107-A of the Madhya Pradesh Industrial Relations Act, 1962, which corresponds to Section 11-A of the Industrial Disputes Act, the Labour Court set aside the punishment of termination and ordered reinstatement of the employee but without back wages. The employer filed an appeal before the Industrial Court challenging the interference with the punishment. The employee filed an appeal challenging the denial of back wages. In the appeal filed by the employer, the Industrial Court took the view that the Labour Court acted illegally and perversely in interfering with the punishment awarded on the findings at the enquiry accepted by the Labour Court. Therefore, the Appellate Authority, the Industrial Court, set aside the interference by the Labour Court with the punishment awarded and held that the termination of service as a punishment was justified in the circumstances. Thus, the order of termination issued by the employer was upheld. As a consequence, the appeal filed by the employee claiming back wages was dismissed.
(3.)Feeling aggrieved by the decision of the Industrial Court, the employee filed W.P. No. 460 of 1999 in the High Court of Madhya Pradesh invoking Articles 226 and 227 of the Constitution of India. The High Court held that the charges against the employee stood proved and the finding in that behalf by the Labour Court had not been challenged by the employee in the appeal filed by him before the Industrial Court, since his appeal challenged only that part of the order of the Labour Court which denied him back wages. Though, the High Court found no reason to interfere with the finding that the charges were proved, it interfered with the punishment. The reasons given were, that taking into account the entire facts and circumstances of the case, the gravity of the misconduct proved, the past behaviour and all other attendant circumstances appearing on record, the Labour Court was justified in interfering with the quantum of punishment. As an added reason, it stated that while entertaining the Writ Petition, the High Court had stayed the operation of the order of the Industrial Court, upholding the dismissal and that was also a ground for interfering with the punishment. The High Court had no difficulty in observing that the charge levelled against the employee was a major one, but since the Labour Court had decided to award a lesser punishment, the same should not have been interfered with by the Industrial Court. Thus, the High Court set aside the decision of the Industrial Court and restored the decision of the Labour Court. This meant that the employees reinstatement was ordered but back wages were denied to him.