(K.M. Joseph and Hrishikesh Roy, JJ.)
Civil Appeal No. 5274 of 2022 [Arising out of SLP (C) No. 10345 of 2020], decided on August 12, 2022
Administrative Officer/Disciplinary Authority, Primary Education Board Municipal Corporation, Kolhapur ______________________ Appellant;
v.
Shirish Jaysingrao Shinde ___________________________ Respondent.
With
SLP(C) No. 14153/2021
Civil Appeal No. 5274 of 2022 (Arising out of SLP (C) No. 10345 of 2020) and SLP(C) No. 14153/2021
The Order of the court was delivered by
Order
1. Leave granted.
2. The appellant is the petitioner in Writ Petition No. 5918 of 2018 before the High Court and respondent in Writ Petition No. 10236 of 2018 which was the writ petition filed by the respondent in this appeal. Both the writ petitions came to be heard together and disposed of by the common judgment.
3. The respondent in this appeal was appointed as a junior clerk. After about service of 6 years, the appellant issued a chargesheet and a domestic enquiry followed. The charge related to acceptance of illegal gratification from a third party for admission in an educational institute run by the appellant. The acceptance of the report of the inquiry officer resulted in dismissal of the respondent. The Labour Court found that the enquiry held was not fair. Evidence was thereupon led before the Labour Court. The complainant who had alleged that he had paid illegal gratification to the respondent, however, did not support the case of the appellant before the Labour Court. He was, in fact, declared as a hostile witness and in cross examination, it appears nothing was brought out contrary to the case of the respondent. The Labour Court accordingly, held the disciplinary action to be vitiated and directed reinstatement with 100 per cent backwages. Industrial Court reduced the backwages to 50 per cent. It is this order which is the subject matter of writ petitions filed by both the appellant and the respondent as noticed. The High Court by the impugned order dismissed both the writ petitions. It is, accordingly, feeling aggrieved, the appellant has approached this Court.
4. The other special leave petition, viz., SLP(C) No. 14153/2021, is filed by the employee wherein the employee would complain against the reduction of the backwages to 50 per cent.
5. We have heard learned counsel for the appellant and the learned counsel for the respondent.
6. It is pointed out on behalf of the appellant that this is a case which involves receipt of illegal gratification. The complainant was being examined before the Labour Court after a long lapse of time. The fact that he did not stand by earlier complaint should not result in the case of the appellant being discountenanced. He would further submit that the appellant is a Board which survives from the grants from the Government. Calling upon the appellant to pay 50 per cent is a huge liability which, in the facts and circumstances of this case, the appellant may not be visited with.
7. Per contra, learned counsel for the respondent would submit that the respondent stands exonerated by the Labour Court, Industrial Court and the High Court has given its seal of approval to the same.
8. Having heard learned counsel for the parties, we are of the view that the interest of justice would require that the impugned order must suffer modification to the extent of the sum of backwages. We are informed by the learned counsel for the respondent that the amount would work out to nearly Rs. 22 lakhs. We would think that in the facts, the amount should be reduced and fixed at Rs. 4 lakhs.
9. Accordingly, the Civil Appeal No. 5274/2022 arising from SLP (C) No. 10345 of 2020, will stand partly allowed. Pending applications stand disposed of.
10. The impugned order shall be modified and while reaffirming the order to reinstate, we direct that the appellant shall be liable to pay a sum of Rs. 4 lakhs in place of 50 per cent.
11. We direct that necessary orders to reinstate the respondent shall be issued within a period of four weeks from today. The respondent shall also be given payment for Rs. 4 lakhs as lumpsum backwages. This will also be done within four weeks from today.
SLP(C) No. 14153/2021
12. The special leave petition will stand dismissed.
13. Pending application stands disposed of.
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