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.
Deepak Miglani
Legal Buddy
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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
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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