State Road Transport Corporation Vs. Ramesh Chandra  INSC 663 (16 April
ASHOK BHAN & DALVEER BHANDARI O R D E R CIVIL APPEAL NO.2837 OF 2008 [Arising out of S.L.P.(C)No.13005 of
2006] Delay condoned.
Respondent in the present case was a conductor with the
appellant-Corporation. It is alleged that he did not deposit certain amount
collected by him by sale of tickets on 18.05.1987 besides remaining absent from
duty without information. He is also alleged to have been found in an
inebriated state while on duty. A domestic enquiry was held against the
respondent and on the basis of the enquiry report and the reply submitted by
him, he was terminated from service. He raised an industrial dispute. The
Labour Court passed an award on 21st August 1995 and held against the
respondent on the ground that the charges levelled against him are proved.
In a writ petition filed before the High Court by the respondent against the
award of the Labour Court, the High Court held that the punishment of dismissal
from service was not commensurate with the charges levelled against the
respondent. The High Court, therefore, directed reinstatement of the respondent
in service with 50% back wages.
C.A.No.2837/08 @ SLP(C)No.13005/06 .... (contd.) - 2 - Special Appeal filed
by the appellant before the High Court was dismissed as withdrawn. Hence, the
appellant has filed this appeal challenging the order passed in the writ
After hearing counsel for the parties, we deem it appropriate to uphold the
order of the High Court insofar as the reinstatement of the respondent is
concerned. However, we deem it appropriate to set aside the impugned order
insofar as the award of 50% back wages is concerned. Ordered accordingly.
The appeal is partly allowed. No costs.