Case Note & Summary
The First Petitioner, Dr. Ganesh T. Panse, was employed as a Scientific Officer with the First Respondent, Tata Memorial Hospital. On 22nd September 2000, a show cause notice was issued to him, followed by a charge sheet on 9th February 2001, alleging misconduct. He submitted a reply on 26th February 2001. Meanwhile, he was transferred from the Immuno Biochemistry Laboratory to the Pathology Department, which he challenged in a complaint of unfair labour practices (Complaint (ULP) 288 of 2001). He also sought a stay of the disciplinary proceedings, but interim relief was refused. An enquiry was conducted, and the Enquiry Officer found the charge of misconduct established. Apprehending termination, the First Petitioner filed a second complaint of unfair labour practices under Item 1 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971. Interim relief was again refused, leading to a Writ Petition before the Bombay High Court. On 1st December 2003, a Learned Single Judge noted that the First Petitioner had tendered an apology before the Enquiry Officer. The court disposed of the petition, observing that while it was not inclined to interfere under Article 226, it would be desirable if the employer considered the apology while imposing punishment. The First Petitioner undertook to withdraw the complaint before the Labour Court. On 11th December 2003, the Second Respondent passed an order reducing the First Petitioner to a lower stage in the pay scale from Rs.13,900/- to Rs.12,275/- per month for three years, with a direction that he shall not earn increments during that period. The petitioners challenged this order in the present writ petition. The court held that the punishment was not disproportionate and the employer had considered the apology. The petition was dismissed.
Headnote
A) Service Law - Disciplinary Proceedings - Reduction in Pay Scale - Misconduct - The petitioner, a Scientific Officer, was found guilty of misconduct after a departmental enquiry. The employer imposed a punishment of reduction to a lower stage in the pay scale for three years. The court held that the punishment was not disproportionate and the employer had considered the apology tendered by the employee as directed by the court. (Paras 1-5) B) Unfair Labour Practices - Complaint - Withdrawal - The petitioner had filed a complaint of unfair labour practices before the Labour Court, which he undertook to withdraw in pursuance of the court's order. The court noted that the complaint was withdrawn. (Paras 2-3)
Issue of Consideration
Whether the punishment of reduction to a lower stage in the pay scale for three years is disproportionate to the misconduct, and whether the employer considered the apology tendered by the employee.
Final Decision
The writ petition is dismissed. No order as to costs.
Law Points
- Disciplinary proceedings
- Unfair labour practices
- Reduction in pay scale
- Apology as mitigating factor
- Article 226 of Constitution of India
- Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act
- 1971
