existence of certain factors like punishment being disproportionate to the gravity of misconduct so as to disturb the conscience of the Court, or the existence ... existence of certain factors like punishment being disproportionate to the gravity of misconduct so as to disturb the conscience of the Court, or the existence
awarding the punishment the employer shall take into account, the gravity of the misconduct, the previous record of the workman and any other extenuating ... punishment for misconduct the management should take into account the gravity of misconduct, the previous record, if any, of the workmen and other extenuating circumstances
appellate authority is dependent on host of factors such as gravity of misconduct, past conduct, the nature of duties assigned to the delinquent, responsibility ... impose appropriate punishment keeping in view the magnitude or gravity of the misconduct. The High Court/Tribunal, while exercising the power of judicial review, cannot
duty of the punishing authority to take into (account the gravity of misconduct and past record of the concerned workman.
6. In the instant case ... considering the finding given by the Labour Court, as also the gravity of misconduct of remaining absent without prior permission due to sickness which
time of imposing punishment, the management while considering the gravity of misconduct should also take into consideration the previous record as well as extenuating ... misconduct. Apparently, therefore, on one hand, standing order required consideration the gravity of misconduct, previous record as well as any other extenuating or aggravating circumstances
finds that it is disproportionate to the gravity of the misconduct, substitute the same by any other punishment. But the power to substitute is restricted ... would be the proper punishment having regard to the nature and gravity of misconduct of the employee. The propriety or legality of the punishment cannot
should be made after
consideration of the gravity of the alleged
misconduct or the nature of the allegations imputed
to the delinquent employee. The authority ... order of
suspension is passed after taking into consideration
the gravity of the misconduct sought to be inquired
into or investigated, and the nature
learned single
Judge did not consider the gravity of the misconduct and the nature of
allegations, but passed simply an order revoking suspension as stated ... assessed by the petitioners in the year 2013 itself. Therefore, the gravity
of misconduct to be enquired into against the petitioner is grave in nature
ignored while passing the order of removal; looking to the gravity of misconduct of remaining absent for 75 days, the extreme punishment of removal ... from submitting his explanation about the proper punishment looking to the gravity of misconduct. There are two objects for supply of the inquiry officer
petitioner is harsh and is
disproportionate to the gravity of the misconduct and thus is liable to be
set-aside and the order of punishment ... punishment of dismissal cannot be held to be disproportionate to the
gravity of misconduct. Relevant extract of the judgment is reproduced
below
