Case Details: TATA Consultancy Services Ltd. vs. Vinit Jain - [2025] 181 taxmann.com 284 (HC-Bombay)
Judiciary and Counsel Details
- Sandeep V. Marne, J.
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B.D. Birajdar & Ms Komal Deshmukh, Advs. for the Petitioner.
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Avinash Belge, Adv. & Ms Priyanka B. Chavan, AGP for the Respondent.
Facts of the Case
In the instant case, the Respondent-employee was dismissed from the service of the petitioner-employer on charges of insubordination, late reporting for duty, etc. Since no disciplinary inquiry was held by the petitioner-employer while dismissing the respondent, the petitioner chose to justify its action by leading evidence before the Labour Court.
The Labour Court held that charges relating to insubordination and late reporting for duty were proved, whereas the balance of charges were not proved against the respondent. The Labour Court, however, found that the punishment of dismissal from service was not proportionate to the proved misconduct and, accordingly, directed the reinstatement of the respondent with 50% back wages and continuity with effect from the date of dismissal.
Before the High Court, the petitioner submitted that once serious charges of insubordination were proved, the Labour Court could not have interfered in the quantum of punishment.
It was noted that the Labour Court could not wear the employer’s glasses and decide whether the employee’s conduct was grave or not. Further, the Labour Court had committed a jurisdictional error by addressing the quantum and proportionality of the penalty.
High Court Held
The High Court held that the Labour Court had grossly erred in recording a casual finding of punishment being disproportionate to prove misconduct by substituting itself in place of the employer, as if it was exercising appellate jurisdiction over the wisdom of the employer in choosing the exact nature of the penalty. Thus, the impugned award passed by the Labour Court was indefensible and liable to be set aside.
List of Cases Reviewed
- Order of Labour Court, Mumbai in Reference (IDA) No.40 of 2015 Award dated 23 March 2017 (para 16) set aside
- Sarabhai M. Chemicals v. M. S. Ajmere 1979 taxmann.com 480 (Bom.) (para 12) followed
List of Cases Referred to
- Sarabhai M. Chemicals v. M. S. Ajmere 1979 taxmann.com 480 (Bom.) (para 3).
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