Dismissal for protest excessive, says court

CHENNAI: The Madras High Court confirmed an award of the Central Government Industrial Tribunal cum Labour Court’s order striking down the dismissal of an office assistant by SBI.

Justice SM Subramaniam passed the order on dismissing the writ petition filed by the deputy general manager, and appellate authority, HR department, of SBI’s Madurai cluster, who prayed for a direction to set aside the December 30, 2016, order of a labour court directing the bank to revoke the dismissal order and reinstate the employee, Ramalingam.

According to the petitioner, Ramalingam and two others were transferred to nearby branches in 2013. Opposing it, the employees observed a sit-in protest inside the bank from 2.30 pm on January 11 to 11 am on January 12, 2014. The disciplinary proceeding was initiated for disturbing office routine. “As the enquiry officer held that the charges are proven, the protesters were removed from service,” the petitioner submitted.

But the judge held that though there was no justification for the manner of protest that caused inconvenience to the senior officials of the bank, the court was of the considered opinion that the punishment was harsh, excessive and disproportionate.

“The court does not find any infirmity in respect of the modification of punishment by the Industrial Tribunal by invoking the powers conferred under Section 11 (A) of the Industrial Disputes Act, 1947,” the judge held.

The judge added that the employee was entitled to continuity of service but not back wages, as the principles of ‘no work no pay’ would be applicable. The bank was granted liberty to transfer the staffer, added the court.