respondent his conditions of
service. It was not a case of retrenchment simpliciter but
was a consequential retrenchment on the introduction of the
scheme
inquiry, illegitimately but
ingeniously passes an innocent looking order of termination
simpliciter, such action is bad and is liable to be set
aside. Loss ... conscience and judicial
construction of the law in this branch of discharge
simpliciter versus disguised' dismissal.
A few salient facts need emphasis before
Punitive dis-
charge and discharge simpliciter--Distinction
between--Predominant object of the Award-- To protect em-
ployees.
HEADNOTE:
The appellant Bank instituted a departmental inquiry ... abundant precaution. [23F-H; 24A]
8. That this is not a discharge simpliciter or a simple
termination of service becomes clear when it is compared
them bordering on abetment. But veiled, camouflaged and masked actions of termination simpliciter in such cases whether raise eyebrows of "rule ... Causa causans' of misconduct needs enquiry and not 'termination simpliciter' under Standing Orders and the Court can unveil and unmask the hidden
order terminating his service was an order of termination
simpliciter and (iii) even assuming the order was illegal
his remedy was against the State Government ... termination may be couched in terms of
an order of termination simpliciter the Labour Court is
entitled to go behind the
709
apparent language
here that according to the
employer, both the above employees were discharged
simpliciter, without holding enquiry, pleading the loss of
confidence in them ... confidence, without prejudicing the career of the
workman, it was a discharge simpliciter. Alternative plea
seeking an opportunity to establish the misconduct of the
workman
lieu thereof. It was held that it was not a discharge simpliciter or a simple termination of service but one camouflaged for serious misconduct. This ... permit, an employer has an option either to order a discharge simpliciter or to take disciplinary action. The argument is that the Delhi Transport Corporation
management on the ground that it was an order of discharge simpliciter bona fide made by the management in accordance with the terms ... Disputes Act or because it purported to be a case of discharge simpliciter carrying no stigma, no domestic enquiry was held by the management
terminated the services of its employee by an order of termination simpliciter can be permitted when its action is challenged in the Labour Court ... employer to terminate services of the employee by an order simpliciter and then prove the misconduct which was neither alleged nor enquired into
having not been done the termination of the petitioner's services simpliciter under Rule 13 is void, the counsel said.
(15) Counsel ... conclusion that though in form the order amounts to termination simpliciter in reality it cloaks dismissal for misconduct, it will be open