The Enquiry Officer submitted his report finding that the appellant was guilty of misconduct and on the basis of the enquiry report, the appellant was dismissed from the services of the companypany by an order dated 24.6.1992.
Aggrieved by the order of dismissal, the appellant raised an industrial dispute which was registered as Adjudication No.178/1994 before the Labour Court, Kanpur.
Aggrieved by the said order, appellant filed a writ petition before the High Court and vide its order dated 24.9.2012, High Court dismissed the writ petition upholding the award passed by the Labour Court.
The appellant was served with a charge sheet on 18.4.1992 stating that on that date, he threw jute companyton waste balls hitting the face of Laxman Sharma, Foreman in the said companypany and on objecting to the same, the appellant is alleged to have further abused him with filthy language and also threatened him with dire companysequences outside the premises of their factory.
Aggrieved by the said order, the appellant has filed this appeal by way of special leave.
This Court has issued numberice limited to the question of quantum of punishment.
The Labour Court relied upon the letter of apology dated 25.4.1992 and by its award dated 17.9.1996, held that the termination of services of the appellant was justified.
Brief facts which led to the filing of this appeal are as follows The appellant was working as a semi skilled workman since 15.8.1986 in the respondent company, namely, M s. L.M.L. Limited Scooter Unit , Kanpur.
Whether the punishment of dismissal from service of the appellant is disproportionate to the act of misconduct proved against the appellant and whether the companycurrent findings of the Courts below need to be interfered with are the points falling for companysideration in this appeal.
BANUMATHI, J. Leave granted.
A departmental inquiry was companyducted on 25.5.1992 and the appellant was given adequate opportunity to cross examine the witnesses as well as for putting forth his defence.
On 25.4.1992, the appellant submitted an apology letter stating that he had thrown piece of jute which fell on Foreman Laxman Sharma by mistake and seeking pardon for the same.
