- (1.) The writ petition is directed against the award dated 19.1.1991 passed in Adjudication Case No. 18/90. The dispute referred for adjudication to the Labour Court whether termination of service of workman Jagmohan Verma, son of Sri Ram Asray Verma on 3.8.1989 is valid or not and if so, what relief he is entitled. The case set up by parties was that workman concerned was transferred from Meerut to Saharanpur on 3.6.1989 but he defied the said order of transfer and did not join at the place of transfer, The employer proceeded with departmental enquiry and passed the order of termination. Industrial disputes was raised which came up for consideration before Labour Court on a reference made by State Government. The Labour Court has recorded finding of fact that charge of disobedience of the order of transfer and dereliction of duty stand proved against workman. It has also recorded finding that in the case in hand there is no requirement for re-enquiry. However, by means of impugned award, having said so, it has interfered only on quantum of punishment by observing that for a mere defiance of transfer order, punishment of termination is excessive and, therefore, has directed for reinstatement of workman concerned at the place of transfer with all consequential benefits except arrears of salary from the date of termination till the date of award. The period, for which the workman remained out of job, is treated as leave without pay.
(2.) Learned counsel for the petitioner submitted that once the charge against workman was found proved which shows clear disobedience and dereliction of duty on the part of workman, it was not open to the Labour Court to interfere with the quantum of punishment. It is further submitted that even otherwise if Labour Court was of the view that punishment was excessive yet it has neither given any opportunity either to the employer to impose any other punishment nor itself has imposed any other punishment. Therefore, the impugned order is vitiated in law.
(3.) In the matter of power of Labour Court for interference in quantum of punishment, Court has repeatedly said that such interference should not be made where serious charge is found proved against the workman. The power of Judicial review in the matter of quantum of punishment with reference to Section 11A of the Act has been considered by the Apex Court in catena of decisions.;