SUPREME COURT OF INDIA

Before:- S. Rajendra Babu and S.N. Variava, JJ.

C.A.No. 3460 of 1998. D/d. 6.12.2000.

Depot Manager, A.P.S.R.T.C. - Appellant

Versus

V. Velayudham and anothes - Respondents

Constitution of India, Article 226 - Industrial Disputes Act, 1947, Section 11A - Dismissal from service - Writ jurisdiction - Scope of Interference - Dismissal from services of an employee of the State Road Transport Corporation for the misconduct of unauthorisedly driving the vehicle in a dangerous manner is a proper exercise of discretion by the employer - High Court direction for his appointment as a cleaner on compassionate ground would amount to substitution of discretion to that of the Labour Court - Order of High Court held liable to be set aside.

[Para 2]

ORDER

Against an award made by the Labour Court a writ petition was preferred before the High Court of Andhra Pradesh at Hyderabad by an employee of the appellant establishment.

2. The services of the said employee had been terminated on the ground that he had unauthorisedly driven a vehicle in a dangerous manner but it was only a fortuitous circumstance that no serious accident took place. These facts were established before the Labour Court, therefore, the Labour Court upheld the order of the dismissal of the said workman from service. The High Court after noticing the entire material on record found no reason to interfere with the award of the Labour Court but nevertheless ordered that on compassionate grounds he be appointed as a cleaner. The Labour Court examined the proportionality of the punishment to the gravity of the charge and whether any sympathy or mercy should be shown to him or not. Having examined that aspect the Labour Court came to the conclusion that the punishment awarded by the appellant was justified and proper. If that is so, there was no reason for the High Court to have substituted its discretion to that of the Labour Court. Therefore, that part of the order made by the High Court is set aside and the order in other respects shall stand un-disturbed. The appeal is allowed in part accordingly.

Appeal partly allowed.