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Telangana HC upholds worker’s dismissal for misconduct

The court also stated that if a workman was not punished for his assault on senior officials, it would be demoralising and also have adverse effect on the working atmosphere.

Hyderabad: The Telangana High Court has made it clear that misconduct and disobedience of a workman with the management or managing officials of a company or firm amounted to indiscipline and such a workman could not be safeguarded from removal of service on technical grounds by labour forums and courts.

The court also stated that if a workman was not punished for his assault on senior officials, it would be demoralising and also have adverse effect on the working atmosphere.

A division bench comprising Justice Abhinand Kumar Shavili and Justice Laxmi Narayana Alishetty passed the order on appeals filed by MRF Tyres Ltd of Sadasivapet plant and an employee, who had been dismissed in 2008 for slapping his supervisor while discharging the duties. Since then, the issue moved through the labour court and single bench of the High Court which reinstated the workman.

Dealing with the appeal filed by MRF Ltd, the division bench faulted the reinstatement orders and observed that when the workman breaches discipline and the employer terminates his services, it is not open to the labour court or industrial tribunal to take a view mechanically that the punishment awarded is shockingly disproportionate to the charge proved unless the findings of enquiry officer are perverse and without any evidence.


( Source : Deccan Chronicle )
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