Even if the proven offence relates to dishonest conduct of the employee. There cannot be any hard and fast Rule that once the misconduct of theft is proved, the dismissal will be automatic.High Court can interfere with the decision of the Industrial Tribunal under Section 11-A of the I.D. Act only on limited grounds. It cannot substitute its decision for that of the Tribunal. It can interfere with the punishment, if it is found that that the decision of the Tribunal is perverse or one, which no man in his senses will take. Tune in, as we discover what the Jharkhand High Court did in the case of GC Patnayak.
Cause Title: G.C. Patnayak Versus Telco Ltd., Telco Colony, P.O. & P.S. Telco, Rep. through its Managing Director