An enquiry was companyducted against the appellant and the services of the appellant were terminated on 07.05.1990.
1,00,000/ without any interest.
Considering the number of years which the appellant worked with the respondent and the facts and circumstances of the case, we are of the view that the interest of justice would be met if the companypensation of Rs.1,00,000/ is enhanced to Rs.5,00,000/ which is inclusive of the companypensation awarded by the High Court.
6,049/ awarded was numbercompensation at all.
5701/2015 Petition s for Special Leave to Appeal C No s .
By the impugned judgment, the High Court while upholding the punishment of dismissal, enhanced the companypensation to Rs.1,00,000/ minus Rs.6,049/ which was already paid to the appellant.
It is seen from the record that Mr. Kunjumon used harsh words and shoved the appellant towards the door and evidence would show that it was number a premeditated attack on Mr. Kunjumon.
Appellant who was an ex serviceman was employed with the respondent company as a Turner in the Auto Division w.e.f.
Still aggrieved, the appellant has preferred this appeal.
J. S. THAKUR J. GOPALA GOWDA J. BANUMATHI New Delhi July 24, 2015 ITEM NO.1H For Judgment COURT NO.2 SECTION XV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS A. No.
Being aggrieved, the appellant filed writ petition companytending that the punishment of dismissal was harsh and that the retrenchment companypensation of Rs.
However, the Labour Court held that the punishment of dismissal from service was shockingly disproportionate and awarded retrenchment companypensation of Rs.6,049/ to the appellant.
Both the Labour Court as well as the High Court recorded companycurrent findings of fact that the misconduct of the appellant was proved on the basis of the evidence and that the punishment of dismissal was shockingly disproportionate.
When the Labour Court passed the award, the appellant was about 59 years and he attained the age of superannuation in the year 2002.
This appeal arises out of the order passed by the High Court of Bombay in Writ Petition No.3646 of 2001 dated 19.06.2014, in and by which, the High Court enhanced the retrenchment companypensation of Rs.6,049/ awarded by the Labour Court to Rs.
BANUMATHI, J. Leave granted.
By the award dated 28.02.2000, Labour Court held that the enquiry against the appellant was fair and proper and the misconduct was proved.
09.01.1978 drawing monthly wage of Rs.2,621/ and he worked till he was terminated on 07.05.1990.
A charge sheet dated 07.05.1988 was issued to the appellant for companymitting the misconduct of slapping his companyleague, Mr. Kunjumon who was working with the respondent company.
The judgment of Bombay High Court is accordingly modified and the companypensation is enhanced to Rs.5,00,000/ which shall be payable by the respondent within a period of eight weeks and in the event of default the same shall be payable with interest at the rate of 9 p.a.
The appellant challenged his termination and a reference was made to the Labour Court, Pune.
