Court Rules on Workman's Termination for Slapping Supervisor.
12 April 2024
Industrial Law >> Business & Commercial Law | Disciplinary Proceedings >> Workplace/ Professional Related
A workman who was fired for slapping his superior officer has lost his appeal in court. The court ruled that the original termination penalty was justified, despite the workman's argument that the punishment was too harsh.
Background:
The workman, Mavji Jethalal Rathod, was a Bulk Operator at Hindustan Petroleum Corporation Limited (HPCL). In 1996, he allegedly slapped Shri Rajkumar, a Shift Supervisor, during a disagreement over temperature readings for a tank truck. Rathod was subsequently fired for insubordination and assault.
Ruling on Guilt and Reduced Punishment:
Rathod challenged his termination through the Central Government Industrial Tribunal (CGIT). The CGIT found Rathod guilty of the charges but reduced the punishment to a one-increment withholding, considering the lack of bodily injury.
Court's Reasoning for Reinstating Termination:
The court disagreed with the CGIT's assessment of the punishment. The judge presiding over the case argued that:
- Slapping a superior officer is a serious act of misconduct, regardless of bodily injury.
- Upholding a termination penalty discourages similar acts by other employees and maintains workplace discipline.
- The initial termination by HPCL was an appropriate response to the severity of the offense.
Outcome:
The court's decision upholds the original termination penalty imposed by HPCL. The workman's appeal for reinstatement with back wages was dismissed.