HC directs employer to compensate dismissed employee

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New Delhi, Mar 18 (UNI) Twenty two years after a man was terminated from service on the charge of stealing thirty soup spoons, Delhi High Court has upheld the labour court's contention that an employee terminated without being served any show cause notice was against law and violated principles of natural justice.

A bench comprising Chief Justice M K Sharma and Justice Sanjiv Khanna directed the employer Oberoi Flight Services to pay Rs 60,000 to the employee as full and final settlement of the case within four weeks from today.

The bench observed that Ashok Kumar Sharma, who was employed with the Oberoi flight services as loader since March 10,1980, was terminated on September 3,1986 on the charge of stealing 30 big soup spoons in his shoe.

Mr D N Vohra, lawyer for Sharma said it was difficult to believe that his client could carry 30 big spoons in his shoe from work area to the security check area.

The labour court on January 31, 1996 dismissed the termination orders stating that no notice was served to the employee and that he was not given the opportunity to be heard. It also said that the principles of natural justice were violated and the employee was harassed unnecessararily.

The High Court observed that the order of reinstatement of the employee would not be justified as he had not worked with the management for six years. Only monetary compensation would meet ends of service, the bench said.


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