When employee is found guilty of misappropriating funds, loosing confidence in such employee is natural and dismissal is justified.
P. Channabasavaiah vs. Divisional Controller, KSRTC, Bangalore. 2010 LLR 36 (Karn. HC)
Dismissal of a temporary workman, obtaining employment based on forged certificates, does not
warrant interference by the High Court.
Mahendra Rai vs.U.P. Public Service Tribunal No. 1, Lucknow and Others. 2009 (123) FLR 1007 (Alla. HC)
Appellate authority can’t re-appoint the dismissed employee from the initial stage. He could do one of the three things - either affirm, set aside or modify the dismissal of the disciplinary authority.
U.P. State Road Transport Corporation vs. State of U.P. and Others. 2010 LLR 290 (All. HC)
Dismissal for misappropriation by clerk would be proper.
Ganesh Sahakari Sakhar Karkhana Ltd., Ahmednagar vs. Dashrath Bajirao Nirgude and Another. 2010 (124) FLR
307 (Bom. HC)
Dismissal of workman for hurling abuses to superior under drunken condition in his cabin will be justified, no matter if he is acquitted in criminal case.
Nikanth Fakiraji Bhadake vs. Maharashtra State Road Transport Corporation, Nagpur. 2009 (4) LLN 908 (Bom. HC)
Dismissal of bus conductor proper for not issuing tickets.
Chander Pal (Shri) vs. Delhi Transport Corporation. 2010 LLR 262 (Del. HC)
Dismissal of bank manager justified who accommodated parties by inviting risk to bank in overenthusiastic manner in violation of prescribed norms and discipline.
Kulwant Rai Goyal vs. Disciplinary Authority, Punjab and Sindh Bank, Mumbai & Ors. 2010 LLR 458 (Bom. HC)
Dismissal of workman justified for preparing and forging fake appointment letters.
Manoj Kumar Sinha vs. Presiding Officer, Central Government Industrial Tribunal No. 1 Dhanbad and Another. 2010 LLR 475 (Jharkhand HC)
Dismissal proper for fraudulently availing two free air tickets for his daughters-in-laws showing them as daughter and also misrepresenting himself as senior manager.
R.L. Moria vs. Chairman-cum-Managing Director, IAL & Ors. 2010 LLR 732 (Del. HC)
When the misconduct is of riotous and disorderly behaviour, causing damage to machinery, threatening, abusing, intimidating and assaulting the watchman, dismissal will be justified.
Bhoopathi N. and Others vs. Presiding Officer, Labour Court, Salem and Another. 2010 LLR 715 (Mad. HC)
If dismissal is based upon certain allegations, even daily wager can’t be dismissed without enquiry.
Chief Signal & Telecommunication Engineer/Construction, Chennai vs. Presiding Officer, Central Government Industrial Tribunal, Chennai & Anr. 2010-II LLJ 429 (Mad. HC)
When there was no proof of having consumed liquor by driver and also he was acquitted in criminal case, labour court was right in modifying the punishment of dismissal.
Gujarat State Road Transport Corporation vs. V.K. Jadeja. 2010 (125) FLR 944 (Guj. HC)
Targeting employee alone for union activities amounts to victimization. Employee participation in
stoppage of work though misconduct, dismissal would be disproportionate.
Shivankari Gowda vs. Alpas Granite Private Ltd., Bangalore. 2010 LLR 881 (Karn. HC)
Dismissal justified for obtaining employment by forged caste certificate.
R. Venkateswarlu vs. Divisional Railway Manager, South Central Railway, Hyderabad Division, Secunderabad and Others. 2010 (126) FLR 3 (AP HC)
Dismissal justified for strike in hospital and assaulting/abusing senior officers.
Bombay Labour Union vs. Bhartiya Arogya Nidhi & Ors. 2010 LLR 897 (Bom. HC)
Dismissal justified of bus conductor for collecting fare and not issuing tickets.
Rajabhai R. Gadhavi vs. Divisional Controller. 2010 LLR 913 (Guj. HC)
Dismissal justified for misappropriation of tickets amount.
Ram Sahai Chaudhary vs. U.P. State Roadways Transport Corporation and Others. 2010(126) FLR 589 (All. HC)
Dismissal proper for the misconduct of using filthy and abusive language towards another employee.
Darshan Singh v. LeMeridian, Janpath, New Delhi. 2010 LLR 1153 (Del. HC)
Dismissal not proper for committing offence under IPC that too related to a dispute at the home town of workman. Offences under Sec. 323, 148 and 149 of IPC can’t be construed as commission of guilt of moral turpitude by workman.
BSES Rajdhani Yamuna Power Ltd. vs. Union of India & Others. 2010 LLR 1210 (Del. HC)
The dismissal of sales manager justified for threatening and abusing his superior.
Jawahar Khalifulla vs. Deputy Commissioner of Labour (Appeals), Madras and Others. 2010 LLR 51 (Madras HC)
Habitual absence will justify dismissal.
Pandurang Vithal Keven vs. Bharat Sanchar Nigam Ltd. (Telecom Factory), Mumbai and Anr. 2010 LLR 234
(Bom. HC)
Dismissal justified for charging less amount from Hotel guest and cheating her causing loss to Hotel reputation.
Ramany S. V. Hotel Pondicherry Ashok. 2010 LLR 1259 (Mad. HC)
