Taj West End Hotel Vs K. Venkatesh (Karnataka High Court)
Karnataka High Court held that labour court merely on the basis of sympathy cannot substitute order of dismissal when material sufficiently hold that respondent was guilty of charges. Thus, writ petition allowed.
Facts- Respondent was appointed in the kitchen of the petitioner, on acts of theft, misappropriation and fraud, articles of charges were issued. Notably, it is alleged that a Safal brand one litre oil sachet was found hidden on the tank bag of his two wheeler. An Enquiry Officer was appointed who conducted enquiry and management examined six witnesses and the respondent was assisted by the co-employee. The Enquiry Officer, arrived at a conclusion that the respondent was the guilty of charges leveled against him and second show-cause notice was issued as to why the report of the enquiry officer should not be accepted and acted upon, before the Disciplinary Authority on considering the enquiry report and material placed, passed an order of dismissal, the respondent challenged the dismissal order by raising a dispute u/s. 10(4-A) of the Industrial Disputes Act, 1947.
The Labour Court by the final award, set aside the order of dismissal and reinstated the respondent with continuity of service and full backwages. The said order is being contested vide the present appeal.
