SUPREME COURT OF INDIA
Uttar Pradesh State Road Transport Corporation and Others
Vs
Shivaji
Appeal (Civil) 4779 of 2006 (Arising Out of S.L.P. (Civil) No.3586 of 2005)
(S. B. Sinha and Dalveer Bhandari, JJ)
10.11.2006
S.B.SINHA, J.
Leave granted.
Respondent was appointed as a Driver by Appellants herein. On 07.12.1986, he
was driving a bus on Aligarh-Agra route. A barrier was installed at Sasani Bus
Stand by the public. The barrier was not installed by Appellant-Corporation or
by any other statutory authority. Respondent allegedly dashed into the barrier
intentionally and caused injuries to one Bhoodev. He was placed under
suspension. A domestic inquiry was held. He was found to be guilty of the
charges levelled against him. He was directed to be removed from services. An
industrial dispute was raised whereupon the State referred the following
dispute for adjudication to the Labour Court, Agra :
"Whether the termination of services of Shri Shivaji, S/o Shri
Sundarlal, Driver, by the employees vide order dated 07.09.1987 is legal and
valid? If not, then to what relief/benefit the workman is entitled? and with
what details?
A preliminary issue was raised as to whether the domestic inquiry was legal and
valid. It was held not to be so; whereupon Appellants were granted opportunity
to adduce evidence to prove the charges against Respondent. Evidence was led
before the Labour Court. On analysis of the evidence brought on records, the
Labour Court held :
"Shri Bhoodev Singh, S/o Mulayam Singh has been produced on behalf of
employers who stated that on 07.12.1986 the witness was posted as Sasani. A
barrier was installed in front of bus stand to stop the bus which was used to
be opened by the witness. On the said date the concerned workman came along
with bus from the side of Aligarh. The witness has lowered the barrier to stop
the bus but concerned workman did not stop the bus. The bus went ahead by
breaking the barrier due to which the witness fell down and got injuries in his
hands and legs. In cross examination also no contrary fact has been emerged
from this witness and he has supported his original statement.
7. The concerned workman has not produced any evidence in his defence. From
consideration of all the evidence and documents available on record the
conclusion is arrived that the workman has intentionally hit the barrier due to
which one employee got injured. In this accident there could be serious loss of
life and property. Therefore my opinion is that concerned workman is guilty of
serious misconduct and has no right to remain in service. The termination of
workman's services w.e.f. 07.09.1987 is legal and valid and he is not entitled
for any benefit/relief. Both parties will bear their own costs."
A writ petition was filed questioning the correctness of the said Award by
Respondent before the High Court which by reason of the impugned judgment was
allowed, stating:
"Statement of aforementioned sole witness has been brought on record
along with supplementary affidavit. In the statement of aforementioned witness
it has been mentioned that he has received minor injury. It has been admitted
by him that while bus was proceeding from Aligarh to Sasni then he asked to get
bus stopped when the Bus was near to barrier and by that time he was putting
barrier down bus caused injuries to him. It has been admitted that said barrier
was not belonging to Roadways and it was totally private barrier. No injuries
has been caused by bus rather on account of barrier falling, the rope was
loosened on account of which he fell down. It has been admitted that bus could
have passed even without putting barrier down. No justification has come on
record as to why said bus was being stopped at that private barrier. No First
Information Report has been lodged, no medical examination was done at
Government Hospital. It is true that High Court has got no authority to
appreciate evidence, but the case in hand, taking the sequence of events
clearly establish that it is practically case of no evidence. Tested on the
touchstone of reasonableness and fairness, no reasonable or prudent man would
construe, this case to be a case of misconduct as has been alleged. Even the
sentence, which has been awarded, same is shockingly disproportionate to the
charge which had been levelled i.e. non stopping of bus at barrier. Injuries
alleged to be received by Bhoodev Singh are attributable to his own conduct as
Bus in question could have passed even putting barrier down."
The learned counsel appearing on behalf of Appellants urged that Respondent
having been found guilty of a serious charge of misconduct by the Labour Court,
the findings of fact arrived at by the Labour Court should not have been
interfered with by the High Court.
Ms. Sharda Devi, the learned counsel appearing on behalf of Respondent, on the
other hand, supported the judgment.
The Labour Court exercised its jurisdiction under Section 11-A of the Industrial Disputes Act, 1947 (for short, 'the Act'). It
was categorically held that the domestic inquiry was not fair or valid and
Respondent in the domestic inquiry had not been granted adequate opportunity to
defend his case. Appellant was, therefore, granted opportunity to adduce
evidence afresh. The opinion of the Labour Court in the matter has, therefore,
to be judged on the basis of the evidence adduced before it. The Labour Court
did not analyze the evidence adduced by the parties at all. It adopted a wrong
approach. It did not consider as to whether 'Bhoodev' who was examined on
behalf of the Corporation, being its employee could have operated the said
barrier particularly when his job was only to serve water to its employees. The
barrier, according to him, had not been put up by the Corporation. He was not
on duty to operate the said barrier. As noticed hereinbefore, the public
allegedly installed the said barrier for which no authority existed.
The fact as to why the said barrier was put up and whether the same was within
the knowledge of all the drivers of the Corporation had not been disclosed.
Even according to the said witness, no First Information Report was lodged. He
did not receive any serious injury. The statement of 'Bhoodev' before the
disciplinary authority was marked as an exhibit. In his statement before the
domestic inquiry he stated :
"Q. When you had closed the barrier, how far was the bus standing?
A. As soon as the bus came, I had pulled down the barrier but as soon as the
driver of the bus lowered down speed of the bus and asked to raise the barrier,
I tried to open the barrier, but even then it was hit by the corners of the
portion of the bus above the glass.
Q. When you raise the barrier, how far were you dragged along with rope behind
the bus?
A. I was dragged for about the distance of five hands."
The charge levelled against Respondent was noticed by the Labour Court in the
following terms :
"On 18.12.1986 information has been received against the Driver that on
07.12.1986 when he was driving bus No. UTR 4007 on Aligarh-Agra route, he
intentionally broken the barrier installed near Sasani bus stand. He had
negligently driven the bus towards Agra due to which an employee Bhoodev
received injuries in the accident. On this basis a chargesheet was issued to
concerned workman on 20.01.1987 and domestic enquiry got made in accordance
with law"
The offence to cause any intentional injury, thus, cannot be said to have been
proved. The High Court was, therefore, not wholly incorrect in opining that
there was no evidence to prove the charges levelled against him.
In fact, the Presiding Officer, Labour Court, did not assign any reason as to
how the charges could be said to have been proved. He had not taken into
consideration his power under Section 11-A of the Act in regard to quantum of
punishment. Why he had opined that the workman was guilty of serious misconduct
and had no right to remain in service has not been explained.
The matter in ordinary course should have been remitted to the Labour Court for
passing an appropriate award, but keeping in view the fact that the matter is
pending for a long time, we ourselves considered the evidence on records.
We, therefore, are of the opinion that the impugned judgment cannot be faulted
in its entirety. The High Court has granted reinstatement of Respondent with
only 50% back wages. The said order has been stayed by this Court. Respondent
was out of service for a long time. He, as noticed hereinbefore, even during
the pendency of the domestic inquiry had been kept under suspension. He,
however, was driving rashly and negligently.
In a case of this nature, doctrine of proportionality would also be applicable.
Doctrine of irrationality is now giving way to doctrine of proportionality.
[See Commissioner of Police and Others v. Syed Hussain 2006 (3) SCC 173.
The Labour Court also did not consider this aspect of the matter. If only a
charge of negligence had been proved against him, we are of the opinion that
the interest of justice would be subserved if he is directed to be reinstated
in service with 25% back wages.
The appeal is disposed of with the aforementioned directions. No costs.