The Presiding Officer Labour Court held that the driver was drunk but looking to the circumstances of the case the punishment of dismissal from service is rather on the heavier side and therefore, he directed reinstatement of the appellant in service denying back wages.
The High Court in civil writ petition by respondent employer set aside the decision of the Labour Court directing the reinstatement of the appellant holding that the jurisdiction under Section 11 A was exercised on extraneous and irrelevant companysiderations.
An industrial dispute was raised questioning the companyrectness of dismissal from service of the appellant and the matter was referred to the Labour Court, Patiala.
The High Court companyfirmed the punishment of dismissal from service.
An enquiry was held and as a disciplinary measure he was dismissed from service.
This companystitutes misconduct under the relevant Standing Order.
While on duty he companysumed liquor.
The appellant is a driver employed by respondents.
Special leave granted.
Hence this appeal by special leave.
