The Hindu : National : Curb indiscipline at workplace with an iron hand: apex court

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Thursday, Dec 22, 2005

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Curb indiscipline at workplace with an iron hand: apex court

Legal Correspondent

Dismissal of lecturer of a Karnataka college upheld In view of the change in economic policy, it may not be proper to allow employees to break discipline with impunity.

New Delhi: Holding that indiscipline at workplaces should be firmly dealt with, the Supreme Court has upheld the dismissal of a lecturer who hit the principal of a Karnataka college with a chappal.

The court earlier approved the dismissal of a worker for "sleeping" during office hours, "using abusive language", for "assaulting" his boss and for gheraoing senior officers. It held that dismissal for such misconduct by employees could not be construed as disproportionate to the charges.

A Bench consisting of Justices S.B. Sinha and P.P. Naolekar, citing these decisions said: "This court has come a long way from its earlier viewpoints". Of late it sought to strike a balance between the earlier approach of industrial relations, wherein only the interests of workmen were sought to be protected, and the avowed object of fast industrial growth of the country.

Writing the judgment, Justice Sinha said that in several decisions of this court it was noticed that discipline at workplaces/industrial undertakings suffered a setback.

"In view of the change in economic policy, it may not now be proper to allow employees to break discipline with impunity. Our country is governed by the rule of law. All actions must therefore be taken in accordance with the law."

In the Karnataka case, "assaulting a superior at the workplace amounts to an act of gross indiscipline. Even under grave provocation a teacher is not expected to abuse the head of the institution in a filthy language and assault him with a chappal. The punishment of dismissal cannot therefore be said to be wholly disproportionate so as to shock one's conscience."

"Obedience is not slavery"

The Bench, citing an earlier judgment, said "obedience to authority in a workplace is not slavery. It is not violative of one's natural rights. It is essential for the prosperity of the organisation as well as its employees. When in such a situation, the punishment of termination is awarded, it cannot be said to be not justified."

Lecturer Venkappa Gowda was subjected to disciplinary proceedings.

He was found guilty and dismissed.

The Educational Appellate Tribunal set aside the orderand instead awarded a punishment of withholding of three increments.

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