Bombay High Court High Court

Vahatuk Bhavan vs Shri Manikrao Sahabrao Chavan on 21 January, 2009

Bombay High Court
Vahatuk Bhavan vs Shri Manikrao Sahabrao Chavan on 21 January, 2009
Bench: S.A. Bobde
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           IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                          APPELLATE SIDE

                   WRIT PETITION NO.6113 OF 1997




                                                                             
    Maharashtra State Road Transport




                                                     
    Corporation having his office at

    Vahatuk Bhavan, Bellasis Road,

    Bombay Central, Bombay--400 008.                         : Petitioner




                                                    
           V/s.

    1. Shri Manikrao Sahabrao Chavan,




                                           
         Malegaon (BK) Baramati, Pune.

    2. Presiding Officer,
                          
         Labour Court, Pune.                                 : Respondents

                                 ...
                         
    Mr.G.S.Hegde for the petitioner.

    Mr.Kiran S. Bapat for respondent no.1.

                                 ...
      


                                        CORAM : S.A. BOBDE, J.

DATE : JANUARY 21, 2009.

ORAL JUDGEMENT:

1. The petitioner has challenged the order of the

Presiding Officer, IInd Labour Court, Pune, setting aside

the respondent no.1’s dismissal and directing payment of

back wages at the rate of 50% from 8.6.1992 till

31.5.1996.

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    2.     The       respondent no.1 was charged with                   driving         after

    having consumed alcohol.                It may be noted that consumption

    of    alcohol by a Driver is a stated misconduct vide clause

    42    of    the Acts of Misconducts under Schedule 'A' of                              the




                                                                                       
    Discipline         and    Appeal      Procedure for          employees          of     the




                                                              
    Maharashtra         State Road Transport Corporation, which reads

    as follows:-




                                                             
                              "SCHEDULE 'A'

                           (ACTS OF MISCONDUCTS)




                                                
                 42.    Found        to   have      consumed        or       being

                        alcohol,
                                ig     liquor,      intoxicants           or     any

                        type     of    drug      while   on      duty       and/or
                              
                        outside       the    duty     hours        within        the

                        premises          or       vehicles           of         the

                        Corporation."
      
   



3. The respondent no.1 was found having consumed alcohol

to the extent that the reading in blood-test showed 0.069

mg. The respondent no.1 appeared unable to stand

properly and while reversing the bus which he was

driving, his bus brushed with another bus. The Labour

Court found that the charge of consuming liquor while on

duty was established on the basis of oral and documentary

evidence and also observed that the act amounts to

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indiscipline on the part of the respondent no.1.

However, for some reasons not stated by it in the

judgement, the Labour Court held that the punishment was

shockingly disproportionate.

4. Mr.Hegde, the learned counsel for the petitioner,

submitted that in the circumstances of this case,

punishment could not have been held to be shockingly

disproportionate. According to the learned counsel, the

Labour Court lost sight of the fact that the driver is

responsible for the safety of the lives of many

passengers and also others on the road; in fact, the

Discipline

and Appeal Rules take a serious view of such

misconduct. Mr.Bapat, the learned counsel for the

respondent no.1, submitted that the view of the Labour

Court is a plausible view which need not be interfered

with.

5. Having considered the submissions, I am of view that

the order of the Labour Court which treats the punishment

as shockingly disproportionate is liable to be interfered

with. The proportionality of a punishment is best left

to the employer in such cases. Indeed, it is the

employer who knows how to best assess the possible

consequences of a particular misconduct and, where the

safety and lives of passengers is concerned, the employer

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would be the best judge to determine whether the present

misconduct warrants the punishment of dismissal having

regard to its gravity and the possibility of it

endangering more lives in the future. This, of course,

does not mean that the employer is entitled to form such

an opinion without adequate record. However, once such a

record exists and the misconduct strands proved, it would

not be for the Court to lightly interfere with the

punishment and that too without giving reasons as in the

impugned order. The impugned order, therefore, suffers

from a serious error of law apparent on the face of the

record and is, therefore, liable to be set aside. Order

accordingly. The

petitioner shall, however, forthwith

release to the respondent no.1 the legal and permissible

dues, if withheld.

6. Rule is made absolute in the aforesaid terms.

S.A. BOBDE, J.

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