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February 7, 2007
Assaulted
a colleague?
You could be dismissed, holds the Bombay High Court
In
a recent ruling, the Bombay High Court quashed an order of
reinstatement of an employee passed by the industrial court and
upheld the employee's dismissal for misconduct, observing that an
act of assault on a fellow worker could not be regarded as a minor
breach of discipline. The court agreed with the employer that such
breach amounted to misconduct and stated that it "cannot be
countenanced", even if committed outside the place of work.
The
employee, who worked as a medical attendant for BEST (a public
transport corporation in Mumbai) had assaulted a security
guard. Following
a departmental enquiry, the employee was found guilty of
misconduct, and dismissed from service.
The
employee raised an industrial dispute against the order of
dismissal, which was struck down by the industrial court.
Later, the industrial court ordered his re-instatement. BEST
challenged this order of reinstatement, which was quashed by
the Bombay High Court while upholding the order of dismissal.
Significantly, the Bombay High Court found it necessary to
emphasise that courts should desist from interference in a
disciplinary action against an employee unless an appropriate
case is made out. This
ruling of the Bombay High Court has once again established that
there has been a change in the stance of the Court when deciding
industrial matters. Earlier, the Indian courts, following a
socialist philosophy, tended to be over-protective of the
employees. Several recent decisions however indicate that the
courts have realized that laxity towards employee discipline goes
against the interest of industrial growth in a market-driven
economy. The Supreme Court in Mahindra and Mahindra Ltd. Vs.
N.B. Naravade AIR 2005 SC1993 had observed that an employee
using abusive language against his superior is liable for
dismissal. In another recent ruling, the Supreme Court has held
that if an illegally sacked employee is reinstated on the orders
of a court, the payment of back wages would not automatically
follow as a natural consequence. Employers
can now breathe a sigh of relief, knowing that they have the
support of the courts in upholding strict disciplinary norms in
the work place. Source:
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