JITENDRA SINGH RATHOR versus SHRI BAIDYANATH AYURVED BHAWAN LTD. & ANR.

Citation: [1984] 3 S.C.R. 223 · Decided: 15-03-1984 · Supreme Court of India · Bench: D.A. DESAI · Disposal: Appeal(s) allowed

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Judgment (excerpt)

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223· 
JITENDRA SINGH RATHOR 
v. 
SHRI BAIDY ANA TH A YURVED BHAWAN LTD. & ANR. 
March 15, 1984 
(D.A. DESAI AND RANGANATH MISRA, JJ.] 
labour law Service~ of Employee·-Termination on charge -of misconduct-
Industrial Tribunal finding charge of misconduct proved-Reinstatement with half 
of back wages ordered-Employer apprOaching High Court-High Court vacating 
order of .reinstatement and· qualltifying compensation at RS. • 15000-.Interference 
by High Court whether valid aud legal. 
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Constitution of India 1950, Art 227 
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Juri.,diction of High Coul't to interfere with the award of an Inddstrial TrilYunal 
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-When arises. 
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Industrial Disputes Act 1947, Section I IA. 
Employee's" services terminated on account of misconduct-Jurisdiction of 
IndUst;ial Tribunal to grant relief-Explained. 
The appellant was employed as a Librarian under the 1st respondent. His 
services were terminated for misconduct. He laid a Complaint before the Indus· 
trial -Tribunal under section 33A ·of the Industrial.Dispures Act, 19.47. The 
Tribunal came to the conclusion that though the charge ot misconducteagainst 
the appellant was establishCd, the punishment of termination of service was not 
warranted, ordered reihstatement with half of his back wages and other benefits 
from the date of termination . 
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The respond<nt-employer applied to the High Court under Article 227 to 
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quash the direction of reinstatemellt contending that as the Tribunal had found 
misconduct on the part of the Workman, it was obligatory for the Tribunal to 
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impose some punishment which it had failed to do. It was fQrther contended 
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that as there was las), of confidence, reinstatement was not appropriate. The 
High Court held that with-holding of.50 per cent of the back wages was a con-
dition ofteinstatement and wa~. not by way of pµnishment, held that reinstate-
ment was no_t called for, vac.ated-the Oroe~ of reinstatement, direCted payment 
of compensation to the respondent workman in lieu of reinstatement and quanti-
/!\ . fied the compensation at Rs. 15,000. 
Allowing.th• appeal. 
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224 
SUPREME COURT REPORTS 
(1984] 3 s:c.R. 
. HELD :. I. The order of the High Court is set aside and.the award of the 
Industrial Tribunal is restored. The High Court had no justification to interfere 
with lhe direction regarding reinsiaten1eut to S'~tvk:~ and in pr0cceding to~substi~ 
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• tute the directiqn by· quantifying conipensation at Rs. 15000 it acted without 
any legitimate basis. [228D, 22711, 228A] 
2. Section llA of the InduStrial Disputes-Act, 1947 vests wide discretion in 
·the Tribunal, and in a given case oµ. the facts established 'th~ Tribunal cari 
Vacate -the order of dislnissal or .discharge and . give suitable directiOns. 
It is a 
well-settled principle of law --that when an order of tetmination of service is 
found to be bad and reinstatement ·is directed, the wronged workman is ordi-
n'arily entitled to full back wages Unless for any particular reason the whole or a 
part.of it is asked to be withheld .. The Tribunal while directing reinstatement 
and keeping the delinquency in view could withhold payment of a part or the 
whole of the back wages.· [226G, 227AJ 
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3. The High Court under Article 227 of the Constitution does not enjoy 
the wide discretion vested in the Tribuna1 under-,section· llA, though as a su-
perior court, it' is vested With the· right Of superintendence. The High Court ~Sin­
disputably entitled to scru!inize the orders of the subordinate tribunals within the 
well itcepted limitations and it could in an approprial.e c_ase quash the award 
of the Tribunal and thereupon remit the matter tQ it for' fresh dispOsal in accor-
dance with law and directions, if ahy. The High Court is not_ entitled to exercise 
the powers of the Tribunal clod substitute an award in.p}ace of the one made by 
the Tribunal as in the case of an appeal where it lies to it. [227D] 
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CtVIL APPELLATE JURISDICTION ... Civil. Appeal No. 108 
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of 1984. 
From the Judgment and Order dated 4.3.83 of the Patna High 
Court in C.W.J.C. No. 3490 of 1979. 
M.K. Ramamurthi and A.S/iaran for the Appellant. 
S. N. ·Singh for the Respondents. 
The Judgment of the Court was delivered by 
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-RANGANATll MISRA, J. The· workman is .in ~ppeal after· 
obtaining leave uuder Article· 136 of the Constitution from this 
Court. The appellant was working as librarian under the respondent· 
employer.. His serv

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