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TMI Blog2015 (1) TMI 1340X X X X Extracts X X X X X X X X Extracts X X X X ..... onduct. After affording opportunity to the appellant to show cause against the proposed punishment, the disciplinary authority passed the order imposing punishment of dismissal from service vide order dated 1.10.2004. 4. Aggrieved by the order of dismissal, the appellant raised an industrial dispute bearing I.D.No.39/2005 before the III Additional Labour Court, Bangalore. The Labour Court vide award dated 14.2.2007 directed the management of the corporation to reinstate the appellant in his original post with continuity of service but without backwages. The Labour Court modified the punishment directing withholding of four annual increments with cumulative effect. In the Labour Court, appellant has produced notarized copies of orders passed by the respondent-Corporation in respect of other workmen, who have committed similar misconduct but were awarded lesser punishments. Referring to Exs. W.5 to W.11 which are the notarized copies of the orders passed in respect of other workmen who have committed similar misconduct, Labour Court held that those workmen were reinstated in service with minor punishment of withholding of few annual increments, whereas the appellant was imposed grav ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d the rival contentions and perused the impugned judgment and other materials on record. 9. The appellant joined the services of the corporation in the year 1985. In the year 1990, charges were framed against the appellant alleging that he had secured appointment by producing a false certificate and enquiry was initiated in the year 1992 and the Enquiry Officer submitted his report only in the year 2002, nearly twelve years after framing of charges. Even though the Enquiry Officer submitted his report on 13.3.2002, order of dismissal from service was passed only on 1.10.2004. Enquiry report was thus submitted after a lapse of twelve years and there was a delay of twelve years in conducting and completing the enquiry. As pointed out by the Labour Court, there was no plausible explanation for such inordinate delay in completing the enquiry. The appellant continued in service from 1990 to 2004. Having allowed the appellant-workman to work for fourteen years, by the time punishment of dismissal from service was imposed on the appellant, the appellant had reached the age of forty five years. As observed by the Labour Court, the appellant having crossed forty five years, he could not ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion to issue a writ of certiorari in cases involving challenge to the orders passed by the authorities entrusted with quasi-judicial functions under the Motor Vehicles Act, 1939. Speaking for the majority of the Constitution Bench, Gajendragadkar, J. observed as under: (AIR pp. 479- 80, para 7) "7. ...A writ of certiorari can be issued for correcting errors of jurisdiction committed by inferior courts or tribunals; these are cases where orders are passed by inferior courts or tribunals without jurisdiction, or is in excess of it, or as a result of failure to exercise jurisdiction. A writ can similarly be issued where in exercise of jurisdiction conferred on it, the court or tribunal acts illegally or improperly, as for instance, it decides a question without giving an opportunity to be heard to the party affected by the order, or where the procedure adopted in dealing with the dispute is opposed to principles of natural justice. There is, however, no doubt that the jurisdiction to issue a writ of certiorari is a supervisory jurisdiction and the court exercising it is not entitled to act as an appellate court. This limitation necessarily means that findings of fact reached by the i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd given a well reasoned order and answered the points of dispute in favour of the appellant. The High Court had no reason to interfere with the same as the award of the Labour Court was based on sound and cogent reasoning, which has served the ends of justice. 16. It is relevant to mention that in Shalini Shyam Shetty v. Rajendra Shankar Patil, (2010) 8 SCC 329 with regard to the limitations of the High Court to exercise its jurisdiction under Article 227, it was held in para 49 that: (SCC p. 348) "49. (m) ... The power of interference under [Article 227] is to be kept to the minimum to ensure that the wheel of justice does not come to a halt and the fountain of justice remains pure and unpolluted in order to maintain public confidence in the functioning of the tribunals and courts subordinate to the High Court." It was also held that: (SCC p. 347, para 49) "49. (c) High Courts cannot, at the drop of a hat, in exercise of its power of superintendence under Article 227 of the Constitution, interfere with the orders of tribunals or courts inferior to it. Nor can it, in exercise of this power, act as a court of appeal over the orders of the court or tribunal subordinate to it." ..... X X X X Extracts X X X X X X X X Extracts X X X X
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