STOCK MARKET BSE NSE

Dismissal of MTC driver for misconduct upheld

A division bench of the Madras High Court has upheld the dismissal of an MTC driver from service, for his alleged misconduct of quarrelling with his superior and slapping him.

Published: 02nd August 2019 06:34 AM  |   Last Updated: 02nd August 2019 12:10 PM   |  A+A-

View of koyambedu bus stand in Chennai

View of koyambedu bus stand in Chennai. (File | EPS)

By Express News Service

CHENNAI: A division bench of the Madras High Court has upheld the dismissal of an MTC driver from service, for his alleged misconduct of quarrelling with his superior and slapping him.

“A person, when dismissed from service, is put to a great hardship but that would not mean that grave misconduct should go unpunished. Although the doctrine of proportionality may be applicable in such matters, but punishment of dismissal from service for such misconduct, cannot be said to be unheard of. Maintenance of discipline of an institution is equally important,” the bench of Justices Dr Vineet Kothari and C V Karthikeyan observed.

The bench was dismissing an appeal from N Mohandass, on July 24. Mohandass raised an industrial dispute, questioning the dismissal order dated July 23, 1997. And the Labour Court passed an award holding that there was no violation of principles of natural justice during the enquiry and also that there was no justifiable reason to interfere with the findings of the enquiry officer. It, however, ordered his reinstatement but denied back wages. Challenging this, the management filed a writ petition and a single judge restored the order of dismissal.

Hence, the present appeal from Mohandass. Dismissing it, the bench said, “In view of the change in the economic policy of the country, it may not now be proper to allow the employees to break the discipline with impunity. In the light of the findings recorded and the legal precedent, it is not a fit case where any relief can be given to Mohandass. The Labour Court clearly erred in directing reinstatement of the workman, though without back wages and it did not take into account the binding precedent of the Supreme Court.” The bench restored the order of dismissal.


Comments

Disclaimer : We respect your thoughts and views! But we need to be judicious while moderating your comments. All the comments will be moderated by the newindianexpress.com editorial. Abstain from posting comments that are obscene, defamatory or inflammatory, and do not indulge in personal attacks. Try to avoid outside hyperlinks inside the comment. Help us delete comments that do not follow these guidelines.

The views expressed in comments published on newindianexpress.com are those of the comment writers alone. They do not represent the views or opinions of newindianexpress.com or its staff, nor do they represent the views or opinions of The New Indian Express Group, or any entity of, or affiliated with, The New Indian Express Group. newindianexpress.com reserves the right to take any or all comments down at any time.

IPL_2020
flipboard facebook twitter whatsapp