Sat. Jul 4th, 2020

Life Insurance Corporation Of … vs Sh. Manmod Shankar on 29 June, 2020

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1. These are two petitions arising out of the impugned award dated 11 th
February, 2019 passed by the Presiding Officer, Labour Court by which the
Workman – Mr. Manmod Shankar was reinstated into service. The operative
portion of the order reads as under:

W.P.(C) 6214/2019 & 6310/2019 Page 1 of 22
Signature Not Verified
Digitally Signed
Signing Date:29.06.2020 19:12
“17- Having regard to the ratio of aforesaid
rulings, coupled with gravity of the misconduct
relating to unauthorized absence from duty by the
claimant, this Tribunal is of considered opinion that
the quantum of punishment awarded to the
workman/claimant by the Management is
disproportionate & excessively, high inasmuch as
unauthorized absence from duty is not a kind of
misconduct of moral turpitude or indulging in
corrupt practices, warranting imposition of penalty
of dismissal/removal from service. To my mind,
ends of justice would be met if punishment of
“removal from service” awarded against the
claimant is set aside and he is ordered to be
reinstated into service, however, without any
pecuniary/monetary benefits during the intervening
period i.e. from the date of his removal from service
till publication of the Award. Award is passed

Source: Indian Kanoon

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