Case Note & Summary
The dispute arose from the removal of a conductor employed by the Gujarat State Road Transport Corporation (GSRTC) after he refused to file a police complaint against a co-employee driver found intoxicated while driving a bus. The petitioner was appointed in 2016 and faced a charge sheet in 2018, leading to a departmental inquiry conducted on a single day by the same officer who issued the charge sheet, acted as prosecutor, and passed the removal order in December 2018. The Industrial Tribunal granted approval for the dismissal in March 2019, while rejecting a similar approval for the driver, who was later reinstated. The petitioner's departmental appeal was dismissed, and he raised an industrial dispute, which the Labour Court rejected in November 2022. The petitioner then filed a petition under Article 226 of the Constitution of India read with the Industrial Disputes Act, 1947, challenging the Labour Court award. The core legal issues involved whether the punishment was just and proportionate, whether the inquiry violated natural justice, and whether there was discrimination in treatment compared to the driver. The petitioner argued that the inquiry was conducted in gross violation of natural justice, the punishment was disproportionate as no rule mandated filing a complaint, and the differential treatment with the driver was discriminatory. The respondent contended that the Labour Court rightly rejected the reference as the approval was granted and confirmed. The court analyzed the facts, noting the inquiry's flaws, the absence of a mandatory rule for filing complaints, and the inconsistent outcomes for the driver and petitioner. It held that the inquiry was vitiated, the punishment was disproportionate, and the discrimination made the removal unjust. The court quashed the Labour Court award and directed reinstatement with continuity of service and 25% back wages, allowing the petition.
Headnote
A) Labour Law - Disciplinary Proceedings - Natural Justice Violation - Industrial Disputes Act, 1947 - The departmental inquiry was conducted in a slipshod manner by the same officer who issued the charge sheet, acted as prosecutor, and passed the removal order, violating principles of natural justice. Held that such inquiry was vitiated and unsustainable. (Paras 2, 8) B) Labour Law - Misconduct and Punishment - Proportionality - Industrial Disputes Act, 1947 - The petitioner, a conductor, was removed for refusing to file a police complaint against a driver found intoxicated, with no prior misconduct. Held that the punishment of removal was disproportionate to the alleged misconduct, especially as no rule mandated such complaint. (Paras 5, 8) C) Labour Law - Discrimination in Disciplinary Action - Industrial Disputes Act, 1947 - The driver, who faced serious allegations of intoxication, had his dismissal approval rejected and was reinstated, while the petitioner's approval was granted. Held that this differential treatment amounted to discrimination, making the petitioner's removal unjust. (Paras 2, 8) D) Constitutional Law - Judicial Review - Scope under Article 226 - Constitution of India - The High Court exercised jurisdiction under Article 226 to quash the Labour Court award, finding it erroneous and arbitrary based on material on record. Held that interference was warranted due to legal infirmities in the lower court's decision. (Paras 1, 3, 7)
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Issue of Consideration: Whether the punishment of removal imposed on the petitioner was just, sustainable, and proportionate to the alleged misconduct of refusing to file a police complaint against a co-employee driver, and whether the Labour Court erred in rejecting the reference.
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Final Decision
Petition allowed. Impugned judgment and award dated 04.11.2022 passed by Labour Court, Anand in Reference (T) No. 6 of 2021 quashed and set aside. Respondent directed to reinstate petitioner on same post with continuity of service and 25% back wages within four weeks.
