Dismissal Case Laws - 2011

In enquiry, proof is not required beyond doubt. It is in the realm of probability.
Divisional Controller, Gujarat Sate Road Transport Corporation vs. Mohmad Adambhai Mushabhai Bhodiya. 2011 (131) FLR 859 (Guj. HC)

Proving charge in the enquiry on the basis of the concept of theory of beyond reasonable doubt is not applicable in domestic enquiry. Dismissal justified of bus conductor for not issuing tickets to passengers.
Hidayatali s/o Mehaboobali Sayed, Chandrapur vs. Maharashtra State Road Transport Corporation through Divisional Controller, Chandrapur. 2011 LLR 521 (Bom. HC)

When dismissal is for misconduct of using abusive language towards superior, some indication of words, language or getures are Dismissal of the employee even after retirement is not illegal if rules so permit.
State Bank of India vs. Ram Lal Bhaskar & Anr. 2011 LLR 1233 (SC)

Dismissal justified of the employee for removing gold jewellery packet from the bank and also admitting the same.
Canara Bank, Bangalore vs. Sri Devaraju H. 2011 LLR 97 (Karn. HC)

When the enquiry was held to be fair and proper, setting aside dismissal of salesman charged with misconduct of embezzlement of funds not valid.
Beerh Rau Ke Co-Operative Agricultural Services Society Ltd. & Anr. vs. Presiding Officer and Ors. 2011 LLR 40 (P. & H. HC)
Dismissal proper of watchman guilty of insubordination and threatening the security officer.

Dhirendra Bahadur Shahi vs. Empire Industries Ltd., Vikhroli, Mumbai & Ors. 2011 LLR 125 (Bom. HC)

Dismissal proper for abusing and assaulting the co-worker.
Asharfi Lal vs. Management of Delhi Cloth Mills. 2011 LLR 118 (Del. HC)

Dismissal proper for habitual and unatuhorized absence.

V. Manoharan vs. The Presiding Officer, Labour Court, Vellore and Another. 2011 LLR 144 (Mad. HC)

Dismissal invalid for single act of absence particularly when the employee (driver) suffered from injuries due to accident.
Managing Director, Tamil Nadu State Transport Corporation (Salem Division II) Ltd., Dhamapuri vs. K.V. Krishnan and Another. 2011 LLR 148 (Mad. HC)

Dismissal of bus conductor justified for the misconduct of misappropriation.
B. Narayanappa vs. Managing Director, K.S.R.T.C., Bangalore and Another. 2011 LLR 412 (Karn. HC)

Even if the victim back tracked stating that he was not assaulted, dismissal of employee charged for assaulting coworkman can't be over looked.

A. Kajendran vs. Presiding Officer, Central Govt. Industrial Tribunal, Cum Labour Court, Chennai & Ors. 2011 LLR 438 (Mad. HC)

Dismissal justified of bus conductor for not issuing tickets to passengers.
Hidayatali s/o Mehaboobali Sayed, Chandrapur vs. Maharashtra State Road Transport Corporation through Divisional Controller, Chandrapur. 2011 LLR 521 (Bom. HC)

Unauthorised absence and going abroad without management permission shows that employee has no interest in the work.
Dismissal for the misconduct justified.
M.A. Azim vs. Maharashtra State Road Transport Corporation, through its Works Manager, Central Workshop. 2011-1 LLN 123 (Bom. HC)

When bank employee was dismissed on the basis of his past record and it was not brought to his notice before, such dismissal would be invalid.
Dehi Ram Baruah vs. Regional Manager, UCO Bank (A Govt. of India Undertaking), Guwahati & Ors. 2011 LLR 480 (Gauhati HC)

Dismissal justified for refusal to obey instructions of superior, catching hold of neck of superior, slapping and threating to see him outside factory.
Raja Ram vs. Presiding Officer, Industrial Tribunal-cum-Labour Court, Panipat & Anr. 2011 LLR 1164 (P&H HC)

Refusal to report at place of transfer establishes in subordination and unauthorised absence. Termination justified due to this misconduct.
Hindalco Industries Ltd. vs. Suman Lata Tuteja & Ors. 2011 LLR 1197 (Del. HC)

No reinstatement to teachers of the school for the misconduct of openly insulting, humiliating and forcibly entering into principal’s bunglow.

Managing Committee, Frank Anthony Public School & Anr. vs. C.S. Clarke & Ors. 2011 LLR 1201 (Del. HC)

Diverting customers to third party causing loss is a dishonest act and loss of confidence is imperative. Dismissal justified for such misconduct.

Abeheraj Jaswal vs. M/s. Godrej Boyce Manufacturing & Ors. 2011 LLR 1210 (Del. HC)

Dismissal not proper on the ground of unauthorised absence when he developed heart disease and was on medical leave.
Phulkumari and Others vs. Bharat Coking Coal Ltd. Dhanbad and Others. 2011(131) FLR 186 (Jhar. HC)

Dismissal justified of driver for misbehaving with passengers using filthy language in drunken state.
A. Chandrappa vs. Management of Bangalore Metropolitan Transport Corporation. 2011 (131) FLR 342 (Karn. HC)
Dismissal justified of a bus conductor found carrying 18 ticketless passengers.
U.P.S.R.T.C. through its Regional Manager, Jhansi vs. Presiding Officer, Labour Court (IV), Kanpur and Another. 2011 LLR 1236 (All. HC)

Dismissal justified for habitual absence.
A. Ganesh Reddy vs. Chief Traffic Manager, B.M.T.C. Central Officers, Bangalore. 2011 LLR 1243 (Karn. HC)
An employee who could not respect his superior can’t be permited to remain in service.
U.P. State Road Transport Corporation Through Regional Manager, Kanpur Nagar vs. Rajendra Singh and Another. 2011 LLR 1257 (All. HC)

Labour court order of modifying the punishment of dismissal into reinstatement by withholding two increments for the misconduct of unauthorized absence of 11 months would be illegal.
Smt. Padma and others vs. Chief Traffic Manager BMTC Central Office, Bangalore. 2011 (131) FLR 914 (Karn. HC)

Dismissal of bus conductor appropriate when found guilty of misappropriation.
K. Murthy vs. 1. The Labour Court, Salem, (2) The Management, Tamil Nadu State Transport Corporation, Salem Division-II, Dharmapuri-5. 2011 LLR 329 (Mad. HC)

Dismissal justified for defamatory aspersions against senior officers without substantiating them during enquiry.
Kewal Krishan vs. Presiding Officer, Industrial Tribunal & Anr. 2011 LLR 1011 (Delhi HC) 
Dismissal of union leader justified for shouting and abusing management in filthy language and trying to snatch papers from officers and disrupting production for one and half hours.
Ravindra Sharma vs. Labour Court and Others. 2011 LLR 495 (Uttarakhand HC)

Dismissal justified of pharmacist for stealing drugs by keeping in dickey of his scooter.
Sunil Kumar vs. M/s Telco Ltd. 2011 LLR 611 (Jhar. HC)

Dismissal justified for false undertaking of the workman that there was no criminal trial pending against him.
Anil vs. Assistant Commissioner, Food and Drugs Administration, Jatharpeth, Akola. 2011 LLR 619 (Bom. HC)

Dismissal not justified for misbehaving with the father of managing partner and partner of the firm not connected with day-to-day activity of business, that too outside the premises.
B. Rajagopal vs. Jomy Xavier & Anr. 2011 Lab IC 1131 (Kerala HC)

Dismissal of bus conductor legal when found carrying passengers three times without ticket. It is grave misconduct.
U.P. State Road Transport Corporation, Kanpur Nagar vs. Chandra Prakash Soni and Another. 2011 LLR 923 (Allahabad HC)

Dismissal of bank employee proper for misconduct of misappropriation of funds.
Shrawan Kumar, S/o Sri Ram Autar Prasad, Patna vs. Central Bank of India, through its Chairman-cum-Managing Director & Ors. 2011 LLR 998 (Patna HC)

Dismissal too harsh punishment for the misconduct of retaining key of power house with himself without sanction. Reinstatement with partial back-wages would be appropriate relief.
Managing Director, Shree Panchaganga Sahakari Sakhar Karkhana Ltd., Kolhapur vs. Kallappa Narasappa Sangale and Others. 2011 LLR 822 (Bom. HC)
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