M.Y. Khan vs Tata Engineering and Locomotive Company Limited

Heard learned Counsel for the parties.

In this case, the workman was found guilty by the Labour Court, Jamshedpur. The learned Single Judge found that the findings of the Labour Court are not vitiated.

The learned Counsel for the appellant submitted that according to the standing order, the charge sheet was issued by an officer who was not authorised.

Perused the charge sheet issued by an officer nominated by the management. Standing Order clearly says that a person who has issued charge sheet is a high ranking officer than the appellant and a nominated person. In that view of the matter, it cannot be said that the charge sheet was issued by an unauthorised person.

The scope of judicial review is very limited. The arguments which are sought to be placed are more in the nature of reappreciation of evidence. It cannot be made the subject matter of this appeal and in that view of the matter, the limited scope of judicial review available is not of the nature which can be made available to the appellant to disturb the findings of the learned Single Judge and in turn, findings of the Labour Court. The question of punishment being disproportionate has also been considered by the Courts below and that is not found by the Courts below because the petitioner/delinquent has earlier been punished three times and this is the fourth delinquency.

In that view of the matter, we do not see any reason to interfere with the orders of the Courts below.

Accordingly, this appeal is dismissed.