By Our Legal Correspondent
NEW DELHI, MARCH 20 . The Supreme Court, which had approved the dismissal of a worker for "sleeping" during office hours and for "using abusive language" or "assaulting" his boss, has in another order given its nod for the dismissal of workers for "gheraoing" senior officers.
A three-judge Bench, comprising Justices N. Santosh Hegde, B.P. Singh and S.B. Sinha, agreed with the findings of the Labour Court and the High Court that "gheraoing" senior officers for long hours and causing injuries to one of them was a grave misconduct that called for the dismissal of employees.
The punishment of dismissal for such acts could not be construed as disproportionate to the charge.
The Bench upheld a Punjab and Haryana High Court judgment stating that the punishment of dismissal was justified as it had been established that the employee concerned (who alone filed an appeal) did take part in the "gherao" of officers in which injury was caused to one of them.
The High Court had agreed with an April 2001 Industrial Tribunal-cum-Labour Court order holding that the punishment of dismissal by the management was justified based on the facts and circumstances.
Some employees of a Faridabad-based company had approached the Labour Court after the management dismissed them following a domestic inquiry. They were charged with the misconduct of "gheraoing" some senior officers of the company for long hours.
One of the employees, Omkar Nath Misra, filed a special leave petition in the Supreme Court against the High Court judgment. The apex court Bench, upholding the dismissal, said that once the participation of the appellant in the "gherao" had been conclusively proved, he was not entitled for relief in any manner.
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