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'Obedience to authority in work place is not slavery'
Monday, March 7 2005 17:42 Hrs (IST) - World Time -

New Delhi: Putting a premium on discipline at work place, the Supreme Court has ruled that, when an employee breaches such discipline resulting in his dismissal, the Labour Court or an Industrial Tribunal cannot take a contrary view and award lesser punishment.

This ruling was given by a Bench comprising Justice N Santosh Hegde, Justice Tarun Chatterjee and Justice P K Balasubramanyan while upholding dismissal of an employee of Madhya Pradesh Electricity Board who assaulted a sub-engineer with an appliance resulting in a broken nose.

Justice Balasubramanyan, writing for the Bench, said that discipline at the work place in an organisation was sine qua non for the efficient working of the organisation. "Obedience to authority in a workplace is not slavery," he added.

Referring to maintenance of discipline at all costs, the Bench said, "When an employee breaches such discipline and the employer terminates his services, it is not open to a Labour Court or an Industrial Tribunal to take the view that the punishment awarded is shockingly disproportionate to the charge proved."

Obedience did not mean violation of one's natural rights, the Court said and added, "It is essential for the prosperity of the organisation as well as that of its employees."

If a punishment of termination was awarded for hitting and injuring a superior officer supervising the work of the employee, with no extenuating circumstances established, it could not be said to be unjustified, the apex Court said.

PTI









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