imposed was
shockingly disproportionate to the charges held proved
against the delinquent workmen. She further contended that
in any case shockingly disproportionate punishment ... service of the employee so
as to amount to a shockingly
disproportionate punishment."
So far as the aforesaid Clause (g) is concerned the Labour
upon an employee found guilty of misconduct is shockingly disproportionate. This concept of "shockingly disproportionate" was very fami-liar in industrial jurisprudence. Despite ... concept of "shockingly disproportionate" punishment in the following words :
"But where the punishment is shockingly disproportionate to, regard being
part of the management to impose such a harsh and shockingly disproportionate punishment, has rejected the approval petition. The learned counsel would further submit that ... punishment of dismissal to one of reduction in wages, the same was made only on the ground that the punishment was shockingly disproportionate
punishment or penalty. Even the High Court under Article 226 of the Constitution of India should interfere only when the punishment/penalty is shockingly disproportionate ... imposition of punishment is truly to be left to the disciplinary authority. Only in a case where the punishment is shockingly disproportionate then only either
service of the employee, so as to amount to the shockingly disproportionate punishment."
So far as the aforesaid Clause (g) is concerned the Labour ... delinquent would be found by the Court to be a shockingly disproportionate punishment. It is not possible to agree with the contention of learned senior
service of the employee, so as to amount to a shockingly disproportionate punishment.
So far as the aforesaid clause (g) is concerned the Labour Court ... delinquent would be found by the court to be a shockingly disproportionate punishment. It is not possible to agree with the contention of learned Senior
punishment in the exercise of its
jurisdiction under Article 226 of the Constitution only when it
finds that the punishment imposed is shockingly
disproportionate ... punishment is wholly disproportionate."
21. The Apex Court has then summarized the law on the point of
punishment appearing to be shockingly disproportionate
service
of the employee, so as to amount to a
shockingly disproportionate punishment."
A mere look at Item 1 of Schedule IV shows that ... obvious that at the stage when such a shockingly
disproportionate punishment is given, this clause would
certainly get attracted, but that does not mean that
service of the employee, so as to amount to a
shockingly disproportionate punishment;"
Section 27 of the Act provides that, inter alia, no employer ... interfering with
the punishment. It is material to note that he has no
where found that the punishment was shockingly
disproportionate."
The said order
years’ tenure he was punished four
times earlier, it cannot be said that the punishment of
6
dismissal was shockingly disproportionate. It is submitted
that ... service of the employee,
so as to amount to a shockingly disproportionate
punishment. Clause No.1 of ScheduleIV of the MRTU &
PULP
