The Court Will Not Interfere In Punishment Unless It Shocks To The Conscience - CiteHR
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Legal Tip of the Day
The court will not interfere in punishment unless it shocks to the conscience
In the matter of imposing punishment upon a workman by the employer, the scope of judicial review is very limited and the courts should interfere only when the punishment shocks to the conscience. A workman is rightly dismissed by the employer when he is guilty of theft, dishonesty and criminal trespass, tampering with the record of the Management and compelling the co-workers to strike out his signature since it amounted to grave misconduct and such matter are required to be dealt with firmly instead of sympathy or generosity.
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Deepak Miglani
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Dear Friend Is it possible to write the Citation of the case with the legal Tip u post. It will be very helpful to us. Regards
Hi,
You are right so far as the judgments go. But my 10 years experience practicing in labour/industrial courts and High Court, Mumbai tell something different. Courts take sympathetic/humanitarian approach many times and give relief of reinstatement to the worker, may be by denying back wages , continuity of service etc. Thats what happens. Past service record of the employee also becomes relevant in such matters.
S.M. Paranjape, Advocate, Pune

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