SC awards Rs 10 lakh to sacked workman
Sunday, 06 April , 2008, 14:21
New Delhi: Mind your language at the workplace. For you can not only lose your job for misconduct but also be rendered unfit for getting reinstated later.
The Supreme Court has said it is inappropriate to force an employer to reinstate a sacked “cantankerous” worker. The Court said this while awarding a compensation of Rs 10 lakh to a food company’s employee sacked 27 years ago on “trivial” charges.
“Consequent upon the bitter relations between the parties and as even the High Court has found the charges proved though ‘trivial’ and the fact that the respondent has not been on duty with the appellant-management since the year 1981, it would be inappropriate to foist a cantankerous and abrasive workman on it,” the apex court observed.
The bench of Justices Tarun Chatterjee and H S Bedi, however, did not concur with the management of Aurofood Pvt Ltd to sack the employee S Rajulu for his misconduct. It agreed with the view of the Madras High Court that the employee was terminated on trivial allegations.
”The questions of fact which have been decided by the High Court call for no interference by this court under Article 136 of the Constitution,” the apex court said.
Rajulu working as a packer with the company was sacked for his indolent and abusive behaviour with his superiors. It was alleged by the management that he abused his senior after the latter questioned him for eating biscuits and whiling away the time in office.
When he was taken to a senior officer, Rajulu abused him also and reportedly threatened to break his legs. He also allegedly misbehaved with a female employee. He was sacked after a departmental inquiry.