Case Note & Summary
The appellant, Shri Sahil Khan, was one of seven employees of M/s Hashmat & Company who were charge-sheeted on 8.2.1992 for misconduct. The charge alleged that on 3.2.1992 at about 12:30 p.m., the appellant along with others gheraoed the main entrance of the sister concern M/s Kachins, preventing customers from entering, shouting dirty slogans against the partners of M/s Kachins, and continuing the gherao for about 45 minutes until police intervention. The appellant was also charged with instigating other workers to have a violent attitude and habitually reporting late for duty. After an inquiry, the appellant was dismissed from service. The appellant challenged the dismissal by way of a writ petition, which was dismissed by the learned Single Judge. The appellant then filed an appeal before the Division Bench. The court considered whether the dismissal was proportionate to the misconduct. The court noted that the appellant had participated in a gherao, which is a form of intimidation and coercion, and that such conduct lowers the reputation of the company. The court held that the punishment of dismissal was not disproportionate and dismissed the appeal.
Headnote
A) Industrial Law - Misconduct - Gherao - The appellant, an employee, participated in a gherao of a sister concern's shop, preventing customers and shouting slogans against management. The court held that such conduct constitutes misconduct under the Standing Orders and that dismissal was not disproportionate. (Paras 1-3)
Issue of Consideration
Whether the dismissal of the appellant for misconduct of gherao and shouting slogans was justified and proportionate.
Final Decision
The appeal is dismissed. The order of dismissal is upheld.
Law Points
- Misconduct
- Gherao
- Proportionality of Punishment
- Industrial Dispute
- Standing Orders
