Case Note & Summary
The case involves cross petitions by Hindustan Petroleum Corporation Limited (HPCL) and its workman, Mavji Jethalal Rathod, challenging an Award dated 27/09/2012 passed by the Presiding Officer, Central Government Industrial Tribunal No. II, Mumbai (CGIT) in Reference No. CGIT-2/89 of 2002. The workman was charged with threatening, abusing, and slapping his superior officer. After a disciplinary inquiry, the charges were proved, and HPCL imposed the punishment of discharge/termination. The CGIT, while upholding the findings of guilt, held that the misconduct of slapping the officer was 'not too serious' to warrant termination, as no bodily injury was caused. It set aside the termination and directed reinstatement with 20% backwages and substituted the punishment with permanent withholding of one increment. HPCL challenged the award, arguing that the Tribunal's view was perverse and that physical assault on a superior is a grave misconduct. The workman cross-petitioned seeking 100% backwages. The High Court analyzed the Tribunal's reasoning and found it to be perverse, noting that slapping a superior officer is a serious act of physical assault that strikes at the root of discipline in any organization. The Court held that the Tribunal's finding that a slap without bodily injury is not serious shocks the judicial conscience. The Court emphasized that the power under Section 11A of the Industrial Disputes Act, 1947 to substitute punishment must be exercised judiciously and not arbitrarily. The Court set aside the award and upheld the punishment of discharge/termination. Consequently, the workman's petition for higher backwages was dismissed. The judgment was pronounced on 12 April 2024 by Justice Sandeep V. Marne.
Headnote
A) Industrial Law - Misconduct - Physical Assault on Superior - Proportionality of Punishment - Section 11A, Industrial Disputes Act, 1947 - The workman slapped his superior officer on the cheek. The Industrial Tribunal held that a mere slap without bodily injury is not serious enough to warrant termination and substituted punishment with stoppage of one increment. The High Court held that physical assault on a superior officer is a grave misconduct that strikes at the discipline of the organization, and the Tribunal's view that it is 'not too serious' is perverse and shocks the judicial conscience. The punishment of discharge/termination was upheld. (Paras 1, 10-12)
B) Industrial Law - Section 11A - Power of Tribunal to Interfere with Punishment - Section 11A, Industrial Disputes Act, 1947 - The Tribunal's power under Section 11A to substitute punishment is not unguided; it must be exercised judiciously and not arbitrarily. The Tribunal must consider the nature of misconduct, its impact on discipline, and the employer's business. Here, the Tribunal's finding that a slap is 'not too serious' is perverse, and the reduction of punishment to stoppage of one increment is unsustainable. (Paras 10-12)
C) Industrial Law - Backwages - Reinstatement with Backwages - Section 11A, Industrial Disputes Act, 1947 - Since the termination was upheld, the question of backwages does not arise. The workman's petition for 100% backwages is dismissed. (Para 13)
Issue of Consideration
Whether the Industrial Tribunal was justified in substituting the punishment of discharge/termination with stoppage of one increment for the proved misconduct of slapping a superior officer, and whether the award granting 20% backwages is sustainable.
Final Decision
The High Court allowed HPCL's writ petition (WP/751/2013) and set aside the impugned Award dated 27/09/2012 passed by the CGIT. The punishment of discharge/termination imposed on the workman was upheld. Consequently, the workman's writ petition (WP/838/2015) seeking 100% backwages was dismissed.
Law Points
- Proportionality of punishment
- misconduct of physical assault
- interference with punishment by Industrial Tribunal
- perversity of findings
- Section 11A of Industrial Disputes Act
- 1947
Case Details
2024 LawText (BOM) (04) 137
Writ Petition No.751 of 2013 and Writ Petition No.838 of 2015
Mr. Sudhir Talsania, Senior Advocate with Mr. Vishal Talsania and Mr. V.M. Parkar for the Petitioner in WP/751/2013 and for Respondent in WP/838/2015; Mr. Jaiprakash Sawant for the Petitioner in WP/838/2015 and for Respondent in WP/751/2013
Hindustan Petroleum Corporation Limited (in WP/751/2013); Mavji Jethalal Rathod (in WP/838/2015)
Mavji Jethalal Rathod (in WP/751/2013); Hindustan Petroleum Corporation Limited and The Presiding Officer, Central Government, Industrial Tribunal No.2 (in WP/838/2015)
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Nature of Litigation
Cross writ petitions challenging an award of the Central Government Industrial Tribunal which set aside the punishment of discharge/termination of a workman for slapping his superior officer and directed reinstatement with 20% backwages.
Remedy Sought
HPCL sought to quash the award and uphold the termination; the workman sought 100% backwages instead of 20%.
Filing Reason
The workman was discharged/terminated for threatening, abusing, and slapping his superior officer. The Industrial Tribunal found the misconduct proved but held that a slap without bodily injury is not serious enough to warrant termination and substituted punishment with stoppage of one increment and directed reinstatement with 20% backwages.
Previous Decisions
The Central Government Industrial Tribunal No. II, Mumbai passed an Award dated 27/09/2012 in Reference No. CGIT-2/89 of 2002, partly allowing the reference and setting aside the termination, directing reinstatement with 20% backwages and substituting punishment with permanent withholding of one increment.
Issues
Whether the Industrial Tribunal's finding that slapping a superior officer is 'not too serious' a misconduct to warrant termination is perverse and shocks judicial conscience.
Whether the Tribunal was justified in exercising its power under Section 11A of the Industrial Disputes Act, 1947 to substitute the punishment of discharge/termination with stoppage of one increment.
Whether the workman is entitled to 100% backwages.
Submissions/Arguments
HPCL argued that slapping a superior officer is a grave misconduct that strikes at the discipline of the organization, and the Tribunal's view that it is not serious is perverse and shocks judicial conscience.
The workman argued that the Tribunal correctly exercised its discretion under Section 11A and that the punishment of termination was disproportionate; he also sought 100% backwages.
Ratio Decidendi
Physical assault on a superior officer, even if it is a slap without causing bodily injury, constitutes grave misconduct that strikes at the discipline of the organization. The Industrial Tribunal's finding that such misconduct is 'not too serious' to warrant termination is perverse and shocks the judicial conscience. The power under Section 11A of the Industrial Disputes Act, 1947 to substitute punishment must be exercised judiciously and not arbitrarily; the Tribunal's reduction of punishment to stoppage of one increment was unsustainable.
Judgment Excerpts
An act of the workman slapping his superior officer is considered by the learned Presiding Officer of Central Government Industrial Tribunal as 'not too serious to inflict the punishment of termination'.
Mere giving of a slap on cheek of the officer without causing any bodily injury, according to the learned Presiding Officer, is not a serious misconduct so as to entail punishment of discharge/termination.
The punishment of discharge/termination for proved misconduct of threatening, abusing and slapping superior officer has shocked the conscience of the learned Presiding Officer.
Procedural History
The workman was discharged/terminated by HPCL after a disciplinary inquiry found him guilty of threatening, abusing, and slapping his superior officer. The matter was referred to the Central Government Industrial Tribunal No. II, Mumbai (Reference No. CGIT-2/89 of 2002). The Tribunal passed an Award on 27/09/2012, holding the charges proved but setting aside the termination and directing reinstatement with 20% backwages and substituting punishment with permanent withholding of one increment. HPCL challenged the award by filing Writ Petition No.751 of 2013, and the workman filed Writ Petition No.838 of 2015 seeking 100% backwages. Both petitions were heard together and disposed of by this judgment.
Acts & Sections
- Industrial Disputes Act, 1947: Section 11A
