Service Law – Dismissal – Monetary compensation in lieu of reinstatement – Respondent was Clerk-cum-Cashier in appellantBank – Burning incident of Bank records – Suspecting complicity of respondent, he was placed under suspension and disciplinary proceedings initiated against him – On completion of enquiry, respondent was dismissed from service – He raised industrial dispute – Industrial Tribunal–cum–Labour Court held that misconduct alleged against respondent was not proved, but a case was made out by the management of loss of confidence, and accordingly ordered payment of compensation of Rs.30,000/- in lieu of reinstatement – Respondent filed Writ Petition – High Court ordered reinstatement of respondent with all consequential benefits – On appeal, held: Though, there was strong suspicion, there was no acceptable evidence on record for dismissal of respondent – Reinstatement with full back wages is not automatic in every case, where termination / dismissal is found to be not in accordance with procedure prescribed under law – Considering that respondent was in effective service of the Bank only for about six years and he is out of service since 1991, and in the meantime, respondent had attained age of superannuation, ends of justice would be met by awarding him lump sum monetary compensation of Rs.15 lakhs – Labour Laws.
Partly allowing the appeal, the Court
HELD:1. The directions issued by the High Court for reinstatement were stayed by this Court. During the pendency of these proceedings, the respondent – workman had attained age of superannuation. Though, there was strong suspicion, there was no acceptable evidence on record for dismissal of the workman. However, as the workman has worked only for a period of about six years and he has already attained the age of superannuation, it is a fit case for modification of the relief granted by the High Court. The reinstatement with full back wages is not automatic in every case, where termination /dismissal is found to be not in accordance with procedure prescribed under law. Considering that the respondent was in effective service of the Bank only for about six years and he is out of service since 1991, and in the meantime, respondent had attained age of superannuation, it is appropriate that ends of justice would be met by awarding lump sum monetary compensation. Accordingly, it is directed that payment of lump sum compensation of Rs.15 lakhs be made to the respondent, within a period of eight weeks. Failing to pay the same within the aforesaid period, the respondent is entitled for interest @ 6% per annum, till payment. [Para 8][207-D-F]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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