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IN THE SUPREME COURT OF INDIA
CIVIL APPEAL NO. 412 OF 2015
(Arising out of SLP (Civil) No.5236/2014)
K.V.S. RAM .. Appellant
TRANSPORT CORPN.
JUDGMENT
2. This appeal by special leave arises out of the judgment dated 3.9.2012 passed by the High Court of Karnataka, in and by which, the High Court dismissed the appeal filed by the appellantworkman thereby, confirming the termination of the appellant.
3. Brief facts which led to the filing of this appeal are as under:- The appellant was appointed on the post of Driver in the Bangalore Metropolitan Transport Corporation on 3.9.1985 and was working on the same post since then. The appellant was served with article of charge dated 3.9.1990 alleging that he had secured Page 2 appointment by producing a false transfer certificate. An enquiry was initiated on 15.7.1992 and the appellant submitted his explanation to the aforesaid charges. The Enquiry Officer submitted his report on 13.3.2002 holding the appellant guilty for his misconduct. After affording opportunity to the appellant to show cause against the proposed punishment, the disciplinary authority passed the order imposing punishment of dismissal from service vide order dated 1.10.2004.
4. Aggrieved by the order of dismissal, the appellant raised an industrial dispute bearing I.D.No.39/2005 before the III Additional Labour Court, Bangalore. The Labour Court vide award dated 14.2.2007 directed the management of the corporation to reinstate the appellant in his original post with continuity of service but without backwages. The Labour Court modified the punishment directing withholding of four annual increments with cumulative effect. In the Labour Court, appellant has produced notarized copies of orders passed by the respondent-Corporation in respect of other workmen, who have committed similar misconduct but were awarded lesser punishments. Referring to Exs. W.[5] to W.11 which are the notarized copies of the orders passed in respect of other workmen who have committed similar misconduct, Labour Court held that those workmen were reinstated in service with minor Page 3 punishment of withholding of few annual increments, whereas the appellant was imposed grave punishment of dismissal from service and thus was discriminated. Referring to another judgment of the High Court in W.P.No.17316/2005 (L/K) dated 8.8.2005, Labour Court observed that when similarly situated workmen were imposed lesser punishment and the appellant cannot be discriminated by imposing punishment of dismissal from service and the Labour Court in exercise of its discretion under Section 11A set aside the punishment imposed on the appellant and directed reinstatement of the appellant without backwages.
5. Being aggrieved, respondent-corporation filed a writ petition before the High Court. Vide order dated 31.1.2008, learned Single Judge of the High Court allowed the writ petition holding that the punishment of dismissal from service was proportionate to the proved misconduct against the appellant. Aggrieved by the same, the appellant-workman preferred appeal before the Division Bench challenging the legality and correctness of the said order. The Division Bench dismissed the appeal filed by the appellant on the ground that the charges levelled against the appellant are serious in nature and that the punishment of dismissal from service imposed by the disciplinary authority was just and proper. In this appeal, the appellant assails the correctness of the above judgment. Page 4
6. Learned counsel for the appellant contended that the High Court erroneously held that the long delay of twelve years in holding the enquiry is not fatal to the case, although it is clearly evident that no reasonable explanation is forthcoming for the inordinate delay of twelve years in concluding the disciplinary proceedings. It was further submitted that in the similar cases of other workmen who produced bogus certificate, they were reinstated in the service withholding of few increments with cumulative effect and while so, the appellant alone cannot be discriminated by imposing harsh punishment of dismissal from service.
7. Per contra, learned counsel for the respondent-Corporation contended that the finding of guilt was based on appreciation of evidence on record and having regard to the gravity of the charges, the Labour Court was not justified in interfering with the punishment imposed by the disciplinary authority and the learned Single Judge as well as the Division Bench of the High Court rightly set aside the award passed by the Court.
8. We have carefully considered the rival contentions and perused the impugned judgment and other materials on record.
9. The appellant joined the services of the corporation in the year 1985. In the year 1990, charges were framed against the appellant alleging that he had secured appointment by producing a Page 5 false certificate and enquiry was initiated in the year 1992 and the Enquiry Officer submitted his report only in the year 2002, nearly twelve years after framing of charges. Even though the Enquiry Officer submitted his report on 13.3.2002, order of dismissal from service was passed only on 1.10.2004. Enquiry report was thus submitted after a lapse of twelve years and there was a delay of twelve years in conducting and completing the enquiry. As pointed out by the Labour Court, there was no plausible explanation for such inordinate delay in completing the enquiry. The appellant continued in service from 1990 to 2004. Having allowed the appellantworkman to work for fourteen years, by the time punishment of dismissal from service was imposed on the appellant, the appellant had reached the age of forty five years. As observed by the Labour Court, the appellant having crossed forty five years, he could not have sought for alternative employment. Further, as seen from Exs. W.[5] to W.11, similarly placed workmen were ordered to be reinstated with lesser punishment of stoppage of few increments. While so, there is no reason as to why for the similar misconduct the appellant should be imposed harsh punishment of dismissal from service.
10. It is settled proposition of law that while considering the management’s decision to dismiss or terminate the services of a workman, the Labour Court can interfere with the decision of the Page 6 management only when it is satisfied that the punishment imposed by the management is highly disproportionate to the degree of guilt of the workman concerned. Considering the delay in completing the enquiry and the age of the appellant and the fact that similarly situated workmen were reinstated with lesser punishment, the Labour Court ordered reinstatement, in exercise of its discretion under Section 11A of the Industrial Disputes Act.
11. In the Writ Petition, while setting aside the award of the Labour Court, learned Single Judge placed reliance upon the judgment of this Court passed in the case of Punjab Water Supply Sewerage Board & Anr. vs. Ramsajivan & Anr., reported in 2007 (2) SCC (L&S) 668 = (2007) 9 SCC 86 and also another judgment of the High Court and observed that a person who practices fraud for securing employment cannot perpetuate on the ground of delay and the learned Single Judge faulted the Labour Court for exercising discretion under Section 11A of the Industrial Disputes Act and interfering with the punishment of dismissal from service. In our considered view, in exercise of its power of superintendence under Article 227 of the Constitution of India, the High Court can interfere with the order of the Tribunal, only, when there has been a patent perversity in the orders of tribunal and courts subordinate to it or where there has been gross and manifest failure of justice or the Page 7 basic principles of natural justice have been flouted. In our view, when the Labour Court has exercised its discretion keeping in view the facts of the case and the cases of similarly situated workmen, the High Court ought not to have interfered with the exercise of discretion by the Labour Court.
12. In Syed Yakoob vs. K.S. Radhakrishnan, AIR 1964 SC 477, the Constitution Bench of this Court considered the scope of the High Court’s jurisdiction to issue a writ of certiorari in cases involving challenge to the orders passed by the authorities entrusted with quasi-judicial functions under the Motor Vehicles Act, 1939. Speaking for the majority of the Constitution Bench, Gajendragadkar, J. observed as under: (AIR pp. 479-80, para 7)
13. In the case of Iswarlal Mohanlal Thakkar vs. Paschim Gujarat Vij Company Ltd. & Anr., (2004) 6 SCC 434, it was held as under:-
(c) High Courts cannot, at the drop of a hat, in exercise of its power of superintendence under Article 227 of the Constitution, interfere with the orders of tribunals or courts inferior to it. Nor can it, in exercise of this power, act as a court of appeal over the orders of the court or tribunal subordinate to it.”
14. Emphasizing that while exercising jurisdiction under Articles 226 and/or 227 of the Constitution of India, Courts are to keep in view the goals set out in the Preamble and in Part IV of the Constitution while construing social welfare legislations, in Harjinder Singh vs. Punjab State Warehousing Corporation, (2010) 3 SCC 192, this Court has held as under: