Workman – Serious Misconduct – Slapping superior officer – Industrial Tribunal held such act as “not too serious to inflict punishment of termination” and awarded punishment of stoppage of one increment

The Respondent – workman, while working with HPCL on the post of Bulk Operator, was on duty on 23.7.1996, to look aftrer filing / loading of tank trucks, lorries, checking density and temperature of the products.

It is alleged that when tank truck in question had arrived at Mahul Terminal for collecting delivery, the respondent – workman wrote the temperature.  When the truck approached the Shift Supervisor for signature on the invoice, who, in turn, noted the temperature on the higher side.  He sent the invoice back to the workman for change of temperature.   The workman refused to do so and threatened Shift Supervisor with consequences if he changed temperature figure.   However, the Shfit Supervisor changed temperature figure, the workman snatched the invoice from the driver, wen to the Shift Supervisor with a wild gesture, dropped intercom set from the table with a bang and slapped him on his right cheek without any provocation.

The Disciplinary Authority imposed the penalty of discharge vide order dated 18.5.2001.

However, the Industrial Tribunal held that the said punishment was shockingly dispropotionate and imposed punishment of stoppage of one increment.   It was directed to reinstate the work with 20% back wages.

This was challenged by HPCL and the workman in the respective writ petitions.

HELD that in domestic inquiry, the test of proof of charge is preponderance of probability.   The charge is not required to be proved beyond reasonable doubt.  The view of the Tribunal that the act of assault on co-employee is not serious is startling. Assault on a co-employee is the grave form of misconduct.  The findings of the Tribunal are shocking.  The Tribunal held that the workman did actually assault his superior officer but here merely gave a slap on the cheek of the officer.  Neither inflicted any bodily injury nor intended to inflict any such injunction.   The findings of the Tribunal are astounding and unsustainable.  Slapping superior is the gravest misconduct which ought to be visited with penalty of termination.

Judgment dated 12.4.2024 in W.P.No.751 of 2013 of Hinduastan Petroleum Corporation Vs. Mavji Jethalal Rathod with connected writ petition.