COLLECTOR SINGH Vs. L.M.L. LTD., KANPUR
LAWS(SC)-2014-11-9
SUPREME COURT OF INDIA
Decided on
November 11,2014
Collector Singh
Appellant
VERSUS
L.M.L. Ltd., Kanpur
Respondents
Referred Judgements :-
RAMA KANT MISRA VS. STATE OF UTTAR PRADESH [REFERRED TO]VED PRAKASH GUPTA VS. DELTON CABLE INDIA PRIVATE LIMITED [REFERRED TO]
NAIK SARDAR SINGH VS. UNION OF INDIA [REFERRED TO]
UNION OF INDIA VS. G GANAYUTHAM [REFERRED TO]
OM KUMAR VS. UNION OF INDIA [REFERRED TO]
DEV SINGH VS. PUNJAB TOURISM DEVELOPMENT CORPORATION LIMITED [REFERRED TO]
MAHINDRA AND MAHINDRA LTD VS. N B NARAVADE [REFERRED TO]
JAI BHAGWAN VS. COMMR. OF POLICE [REFERRED TO]
Cited Judgements :-
RAVI SHANKER SHARMA VS. STATE OF U.P. [LAWS(ALL)-2021-9-58] [REFERRED TO]BANVARI SHIVRAJ YADAV VS. INDIAN SMELTING & REFINING CO. LTD. AND ORS. [LAWS(BOM)-2015-4-362] [REFERRED TO]
BIBHUTI BHUSAN NAYAK VS. LIFE INSURANCE CORPORATION OF INDIA [LAWS(ORI)-2020-2-67] [REFERRED TO]
RAMASHRAY PRASAD RAM VS. STATE OF BIHAR [LAWS(PAT)-2018-4-57] [REFERRED TO]
THE MANAGEMENT OF TRACTORS AND FARMS EQUIPMENTS LTD. AND ORS. VS. H.K. UMESH AND ORS. [LAWS(KAR)-2015-3-258] [REFERRED TO]
A.GOVINDAN VS. STATE BANK OF TRAVANCORE AND ORS. [LAWS(KER)-2016-7-36] [REFERRED TO]
MANAGING DIRECTOR, TAMIL NADU SMALL INDUSTRIES CORPORATION LTD VS. M SOUNDARAPANDIAN [LAWS(MAD)-2018-4-147] [REFERRED TO]
K KRISHNA MURTHY S/O LATE R KANTHARAJ SHETTY VS. BHARATH EARTH MOVERS LIMITED [LAWS(KAR)-2017-4-121] [REFERRED TO]
SIDHESWAR S C S LTD VS. SUMANTA KUMAR SAHOO AND OTHERS [LAWS(ORI)-2015-12-87] [REFERRED]
KAUSHAL KISHORE AWASTHI VS. THE PRESIDING OFFICER, LABOUR COURT (I) AND ORS. [LAWS(ALL)-2016-4-12] [REFERRED TO]
MANAGING DIRECTOR M/S S&S POWER SWITCHGEAR EQUIPMENT LIMITED VS. E POONGAVANAM [LAWS(MAD)-2020-9-1038] [REFERRED TO]
RAMESH KUMAR KACHHAWAHA VS. STATE BANK OF INDIA [LAWS(RAJ)-2018-3-147] [REFERRED TO]
SOM NATH VS. HANDOOR EDUCATION SOCIETY [LAWS(HPH)-2016-10-49] [REFERRED TO]
SUDIN PROVAT MALLICK VS. FIRST INDUSTRIAL TRIBUNAL [LAWS(CAL)-2022-5-8] [REFERRED TO]
DAYANAND PASWAN VS. COAL INDIA LTD. [LAWS(CAL)-2016-5-68] [REFERRED TO]
LRS INSTITUTE OF TUBERCULOSIS & ALLIED DISEASES VS. BABU LAL [LAWS(DLH)-2015-8-126] [REFERRED TO]
LOKENDER PAL VS. UOI AND ORS. [LAWS(DLH)-2015-10-36] [REFERRED TO]
ANIL STEEL & INDUSTRIES LIMITED VS. JUDGE, LABOUR COURT NO. 2 AND ORS. [LAWS(RAJ)-2015-7-88] [REFERRED TO]
TRILOKI RAM VS. DISTRICT JUDGE AND ORS. [LAWS(ALL)-2015-3-213] [REFERRED TO]
SATYADEO KUMAR SON OF RAJVANSHI RAM, RESIDENT OF QR. NO.B/423, SECTOR VS. STATE BANK OF PATIALA THROUGH ITS DEPUTY GENERAL MANAGER, ZONAL OFFICE, SECOND FLOOR, N.B.C.C. PLACE, OPPOSITE SAI MANDIR, BHISM PITAMAH MARG, LODI ROAD, P.O. AND P.S. LODI ROAD, NEW DELHI [LAWS(JHAR)-2016-9-28] [REFERRED TO]
PUSHPALATA VS. VIJAY KUMAR (DEAD) [LAWS(SC)-2022-9-13] [REFERRED TO]
RAVI BAJAJ VS. STATE OF PUNJAB [LAWS(P&H)-2021-1-19] [REFERRED TO]
JUDGEMENT
-
(1.)Leave granted.
(2.)Whether the punishment of dismissal from service of the appellant is disproportionate to the act of misconduct proved against the appellant and whether the concurrent findings of the Courts below need to be interfered with are the points falling for consideration in this appeal.
(3.)Brief facts which led to the filing of this appeal are as follows:- The appellant was working as a semi-skilled workman since 15.8.1986 in the respondent-company, namely, M/s. L.M.L. Limited (Scooter Unit), Kanpur. The appellant was served with a charge-sheet on 18.4.1992 stating that on that date, he threw jute/cotton waste balls hitting the face of Laxman Sharma, Foreman in the said company and on objecting to the same, the appellant is alleged to have further abused him with filthy language and also threatened him with dire consequences outside the premises of their factory. On 25.4.1992, the appellant submitted an apology letter stating that he had thrown piece of jute which fell on Foreman Laxman Sharma by mistake and seeking pardon for the same. A departmental inquiry was conducted on 25.5.1992 and the appellant was given adequate opportunity to cross-examine the witnesses as well as for putting forth his defence. The Enquiry Officer submitted his report finding that the appellant was guilty of misconduct and on the basis of the enquiry report, the appellant was dismissed from the services of the company by an order dated 24.6.1992.
(2.)Whether the punishment of dismissal from service of the appellant is disproportionate to the act of misconduct proved against the appellant and whether the concurrent findings of the Courts below need to be interfered with are the points falling for consideration in this appeal.
(3.)Brief facts which led to the filing of this appeal are as follows:- The appellant was working as a semi-skilled workman since 15.8.1986 in the respondent-company, namely, M/s. L.M.L. Limited (Scooter Unit), Kanpur. The appellant was served with a charge-sheet on 18.4.1992 stating that on that date, he threw jute/cotton waste balls hitting the face of Laxman Sharma, Foreman in the said company and on objecting to the same, the appellant is alleged to have further abused him with filthy language and also threatened him with dire consequences outside the premises of their factory. On 25.4.1992, the appellant submitted an apology letter stating that he had thrown piece of jute which fell on Foreman Laxman Sharma by mistake and seeking pardon for the same. A departmental inquiry was conducted on 25.5.1992 and the appellant was given adequate opportunity to cross-examine the witnesses as well as for putting forth his defence. The Enquiry Officer submitted his report finding that the appellant was guilty of misconduct and on the basis of the enquiry report, the appellant was dismissed from the services of the company by an order dated 24.6.1992.
Copyright © Regent Computronics Pvt.Ltd.