9911796707
TMI Blog1993 (11) TMI 251X X X X Extracts X X X X X X X X Extracts X X X X ..... than the 8th Standard. Respondent produced a certificate issued by the School authorities to the effect that he had passed the 7th Standard on 15.5. 1974. The purpose of this was to show that his qualifications were not more than the 8th Standard. He, accordingly, succeeded in having himself empanelled as a 'badli' workman. On receiving certain complaints that the respondent had secured employment by suppression of truth and by false representation, the appellant issued a show-cause notice to the respondent asking as to why action should not be taken against him under the standing orders. In reply the respondent admitted that he had completed 10th Standard and pleaded for sympathy. On 3.3.1989, the appellant terminated the services ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o be given effect to. Over qualification is certainly, in the circumstances, a disqualification, which aspect the first respondent failed to grasp. Ext. P10 in these cases is unsustainable and is accordingly set aside. 5. But, the learned Single Judge said that there would be no hardship or prejudice caused to the appellant if the respondent was' reinstated. The learned Single Judge said: ... As a special case and not by way of a precedent, the petitioner shall not implement the dismissal order and let the two workers continue in employment as directed. 6. Accordingly, the writ petition came to be dismissed. The appellant preferred a writ appeal in the High Court against this order of dismissal. The Division Bench of the Hi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ism that the jurisdiction of courts tends to degenerate into misplaced sympathy, generosity and private benevolence. It is essential to maintain the integrity of legal reasoning and the legitimacy of the conclusions. They must emanate logically from the legal findings and the judicial results must be seen to be principled and supportable on those findings. Expansive judicial mood of mistaken and misplaced compassion at the expense of the legitimacy of the process will eventually lead to mutually irreconcilable situations and denude the judicial process of its dignity, authority, predictability and respectability. 10. In this case, we have no hesitation to held that both the Labour Court and the High Court have erred. We allow the appeal, ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
