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While upholding the dismissal of a bank employee who was found drunk during duty, the Supreme Court has explained the procedure to be followed by the labor court.In this case, the bank employee, who was working as a cashier, was dismissed after a departmental inquiry against him found that he consumed liquor while on duty and on the same day, Rs 35,000 cash shortage was found. The appellate authority dismissed his appeal.
On his request, the state government made a reference to the Labour Court to decide the legality and correctness of his dismissal order under the Industrial Dispute Act, 1947. The bank approached the high court which set aside the Labour Court award and restored the dismissal of the employee. Against this, the bank employee approached the apex court.
It held that no case is made out to hold that the domestic enquiry suffers from any procedural lapse or was conducted in violation of the principle of natural justice, thereby, causing any prejudice to the rights of the employee. The bench then concluded that the order of dismissal passed against the employee cannot be faulted with and nor can it be said to be, in any way, disproportionate to the gravity of charges.
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