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Judgment
Ram Mohan Reddy
Petitioner-Corporation imposed the punishment of reduction of the basic pay of the respondent, an Asst. Artison, by 3 annual Increments by order dt. 18/8/2006, having found him guilty of acts of misconduct. That order when referred for adjudication to the Industrial Tribunal, Bangalore, registered as I.D.No. 31/08, parties having filed their pleadings and let in evidence, both oral and documentary, the Industrial Tribunal, by award dt. 27/11/2010, held not proved, the allegations of humiliation and insult by use of abusive (sic) language against Javalingappa and kicking his right foot with a chappal on 18/12/2004, while the allegation of disobedience to the instructions issued by his official superiors on 14/12/2004, was proved, and accordingly interfered with the punishment to modify it to reduction in basic pay by one annual increment with cumulative effect. Hence this petition by the employer.
Having heard the learned Counsel for the parties, examined the award impugned, undoubtedly Labor Court did not have the jurisdiction to interfere with the punishment imposed by the order impugned in the light of Sec. 11-A of the Industrial Disputes Act, 1947, investing a jurisdiction in the Labor Court to interfere with the punishment of dismissal or discharge, only, as held by the Apex Court in The General Secretary, South Indian Cashew Factories Workers'' Union Vs. The Managing Director, Kerala State Cashew Development Corporation Ltd. and Others, .
The finding recorded by the Industrial Tribunal over the misconduct committed on 18/12/2004 of insult, humiliation and use of abusive language against Javalingappa, as well as kicking him with chappal, when not proved, while the other charge of disobedience of the instructions of official superiors on 14/12/2004, proved, the order of punishment calls for interference. In my opinion, ends of justice would be met by reducing the punishment to one of reduction of the basic pay of the respondent by one incremental stage with cumulative effect.
In the result, this petition is allowed in part. The award impugned is modified accordingly.