Judicial intervention in disciplinary matters must be exercised with restraint, caution and circumspection . Single act of driver causing fatal accident negligently sufficient for dismissal.
Held. Although wide powers are vested with the Labour Court / Tribunal to give appropriate relief in cases of dismissal and discharge of a workman but it could be exercised judicially and not arbitrarily which may be prejudicial to the interest of the Society.
Judicial intervention in disciplinary matters by the Labour Court must be exercised with restraint, caution and circumspection.
A driver, driving the public vehicle negligently, can endanger the lives of the public in general which is prejudicial to the interest of the Society and as such a drunken driver can be a grave hazard to the public safety.
Allowing reinstatement of a driver causing fatal accident, on the plea that the act of gross negligence was for the first time, is highly uncalled for since a transport undertaking is not required to wait until one of its drivers commits several fatal accidents before it takes the decision to impose penalty of dismissal.
Brihanmubai Muncipal Corporation vs Ashokkumar Hingu sing. 2007 LLR 472 Bombay High Court.
Held. Although wide powers are vested with the Labour Court / Tribunal to give appropriate relief in cases of dismissal and discharge of a workman but it could be exercised judicially and not arbitrarily which may be prejudicial to the interest of the Society.
Judicial intervention in disciplinary matters by the Labour Court must be exercised with restraint, caution and circumspection.
A driver, driving the public vehicle negligently, can endanger the lives of the public in general which is prejudicial to the interest of the Society and as such a drunken driver can be a grave hazard to the public safety.
Allowing reinstatement of a driver causing fatal accident, on the plea that the act of gross negligence was for the first time, is highly uncalled for since a transport undertaking is not required to wait until one of its drivers commits several fatal accidents before it takes the decision to impose penalty of dismissal.
Brihanmubai Muncipal Corporation vs Ashokkumar Hingu sing. 2007 LLR 472 Bombay High Court.
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