G.R. No. 78763 July
12,1989, MEDIALDEA, J.
(Labor Standards: Proper Construction and Interpretation of labor Laws)
(Labor Standards: Proper Construction and Interpretation of labor Laws)
FACTS
Private resondent, Apolinario Signo was dismissed
from work by Meralco when it was found out that he breached the trust of thpe
company by making it appear that the residence of one applicant for an electric
service is within the serviceable area of MEralco. The applicant’s residence
was installed with electrical services thru Signo’s maneuver, however, due to
the fault of the Power sales division, the applicant-consumer was not billed
for a year.
ISSUE
Whether or not, the dismissal of Signo
was a proper penalty for his acts.
RULING
The
Court affirmed the decision of the Labor Arbiter in finding that Dismissal was
a drastic measure considering the length of service of to the Company by Signo,
which is 20 years, and the 2 awards he received for honesty from the employer.
He was ordered reinstated, thought without backwages for he is not at all
faultless.
Further, it was held that in carrying out and
interpreting the Labor Code's provisions and its implementing regulations, the
workingman's welfare should be the primordial and paramount consideration. This
kind of interpretation gives meaning and substance to the liberal and
compassionate spirit of the law as provided for in Article 4 of the New Labor
Code which states that "all doubts in the implementation and
interpretation of the provisions of the Labor Code including its implementing
rules and regulations shall be resolved in favor of labor"
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