upset the
concurrent judgment and decree of the two courts on misplaced
sympathy and non - existent justification. The High Court observed
that the stakes ... surprising that civil disputes drag
on and on. The misplaced sympathy and indulgence by the
appellate and revisional courts compound the malady further. The
case
Judges) has held in para
6 as follows:-
"It is misplaced sympathy by the Labour Courts in such
cases when on checking ... wherein it was held that it is
misplaced sympathy by courts in awarding lesser punishments
where on checking it is found that the bus conductors
Courts should be
reluctant to reduce the punishment on misplaced sympathy for
a workman. That, there is nothing wrong in the employer
losing confidence ... That, in such cases, there is no
place for generosity or misplaced sympathy on the part of
the judicial forums and interfering with the quantum
Supra) is that the Court should
not be led by misplaced sympathy. Paragraphs 9 and 10 of the said judgment
are re-produced below ... reasoning bordered on perversity and such unreasoned, undue
liberalism and misplaced sympathy would subvert all discipline in the
administration. He stated that the management will
forth. It
should always be remembered that any misplaced sympathy would cause more
harm to the establishment which provides source of livelihood for many
number ... repercussions that would result in the event of
any misplaced sympathy shown to an employee who indulges in certain acts of
misconduct which has been
under Article 142 of the
Constitution could not be exercised on misplaced sympathy. This Court
quoted with approval the observations of Farewell
accused has settled the amount
with the bank would be a misplaced sympathy. If the
prosecution against the economic offenders are not allowed to
continue
under Article 142 of the
Constitution could not be exercised on misplaced sympathy. This Court
quoted with approval the observations of Farewell
State Of Punjab vs Davinder Pal Singh Bhullar & Ors.Etc on 7 December, 2011
jurisdiction under Article 142 of the Constitution of India on misplaced
sympathy.
In Teri Oat Estates (P) Ltd. Vs. U.T., Chandigarh and Others