Bombay HC Overturns 30-Year Pay Cut Penalty Against Retired MbPT Employee | Mumbai News

Mumbai: The discontinuation of steam engines in 1989 set off a salary reduction saga for a former Mumbai Port Trust (MbPT) employee, which only ended a week ago with Bombay High Court quashing the punishment, two rounds of litigation and 30 years later. The employee retired 24 years ago, in 2000. He is now aged 84.
HC directed a refund of the salary that Ambika Prasad Mishra had lost, with 6% per year. In 2005, Mishra sought a refund of over Rs 71,000, which was the recovery MbPT made from his salary cut.
In 1995, a disciplinary panel at the Mumbai Port Trust penalised its then depot superintendent by reducing his salary by Rs 600, from Rs 4,940 to Rs 4,340, for four years. The reason: It held Mishra guilty of selling unused coal by limited bids instead of shifting it to another site as approved by its chairperson.
In 1990, after steam engines exited, 800MT of coal lay unused in the port godowns at Wadala. Mishra got relief first in 1999 when an industrial tribunal—that decides workman-employer disputes —held the punishment perverse, reversed the penalty, and ordered a repayment of all his arrears.
In 2000, though, the port trust petitioned HC to challenge the tribunal’s order. In 2005, HC, holding that the issue required to be reheard, set aside the 1999 order and directed the tribunal to decide the issue on the proportionality of the punishment. HC in 2005 even directed the MbPT to consider the matter appropriately in the interest of justice and suggested a resolution.
In 2006, the tribunal held against the employee and in favour of MbPT. It found the salary slash to not be “shockingly disproportionate”.
In the second round of litigation before HC, it was Mishra who went to court. In 2007, aged 65, he filed a petition to challenge the tribunal’s order that upheld his salary cut.
Justice Sandeep Marne heard Mishra’s lawyer, Jayprakash Sawant, and Roopdaksha Basu for the port trust. Sawant said Mishra was merely following orders of his superior when calling for bids. But Basu, opposing Mishra’s petition, said the findings were based on evidence on record.
After perusing and analysing the record, HC in a Nov 21, judgment found the tribunal had not properly assessed the evidence. Justice Marne found substance in Sawant’s submission that Mishra’s superiors took the decision to dispose of the steam coal. HC held the tribunal’s order against him “perverse” and the penalty “unsustainable”.