- (1.) HEARD the parties and with their consent, this writ application is being disposed of finally at this stage itself.
(2.) THE petitioner i.e. the Management of Bokaro Steel Limited of M/s Steel Authority of India Limited has challenged the Award of Labour Court, Bokaro in Reference Case No. 9/88 wherein the learned Labour Court has held that the order of dismissal of the workman from service was shockingly disproportionate to the misconduct committed by the workman and thereby directed the Management to reinstate the workman from the date of his dismissal with stoppage of three annual increments and also directed to withhold half of the back wages as penalty for the proved misconduct. The concerned workman Dhirendra Prasad was appointed to the post of Junior Pharmacist and was subsequently redesignated as Senior Pharmacist in the Medical Department. He was charge - sheeted on 13.10.1971 for the charge of misappropriation of the Company's property by willful falsification/defacement of the records of the Company and for that, he was awarded punishment of stoppage of two increments with cumulative effect. He was again charge -sheeted for the negligence in duty and for wilful disobedience, for which also inquiry was held and the charges levelled against the petitioner was found to be proved and established and he was again punished with stoppage of two annual increments with cumulative effect. Third time also the petitioner was again charge -sheeted on 29.1.1985 for misappropriation of medicines entrusted to him for distribution to patients against the prescription issued by the Doctors by committing fraud and dishonesty. The workman submitted his reply to the charge - sheet which was found to be unsatisfactory and thereafter, an enquiry was held and in the enquiry, charges of misappropriation of medicines worth Rs. 6,5007 - entrusted to him, was found to be established. Thereafter, the concerned workman was dismissed from the service of the Company on 4.2.1987.
(3.) THE domestic enquiry held against the petitioner was found to be fair and proper, However, the petitioner raised industrial dispute and subsequently, the dispute was referred for adjudication before the Labour Court and accordingly, the Labour Court, by the impugned Award, has held that the though the charges of misconduct of the workman of committing the misappropriation of medicine entrusted to him for distribution to the patients by committing fraud and dishonesty was proved but the punishment of dismissal from the service was held to be disproportionate.;