Deciding two connected writ petitions arising from a common Industrial Tribunal Award, the Delhi High Court set aside the Tribunal's direction granting hotel workmen a further…
Sleeping On Duty Is Misconduct; Employee's Past Service Record Relevant In Deciding Quantum Of Punishment: Bombay HC
The Bombay High Court ruled that past service records should be considered while deciding the quantum of punishment in cases of misconduct, specifically in instances of employees sleeping on duty. The Court recognized that an employee’s overall record, including past performance and behavior, plays a significant role in determining the appropriate disciplinary action. The ruling emphasized that employees who have a clean record should be treated more leniently compared to those with a history of misconduct. This decision aimed to ensure that punishment is fair and proportionate to the gravity of the misconduct, while considering the employee’s entire service record.