RATTAN LAL GUPTA Vs. MANAGEMENT OF BIRLA TEXTILE MILLS
HIGH COURT OF DELHI
RATTAN LAL GUPTA
MANAGEMENT OF M/S BIRLA TEXTILE MILLS
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(1.) By this writ petition, the petitioner has challenged the
validity of award dated 17.2.2003 whereby the Labour Court VIII, Karkardoom
Courts, Delhi answered the reference against the petitioner holding that the
termination of service of petitioner was neither illegal nor unjustified.
(2.) Briefly, the facts are that the petitioner was working as a Beam
Carrier in Dying Department of the respondent No.1. A charge-sheet was issued
to him on 9th November, 1976 in respect of his misconduct of 29th October, 1976.
An enquiry was conducted into the misconduct, and after the report of Enquiry
Officer that the misconduct was proved Disciplinary Authority passed an order of
removal from service. The petitioner challenged his dismissal and the following
dispute was referred for adjudication to the Labour Court:
"Whether the dismissal from service of Shri Rattan Lal is illegal and/or
unjustified and if so, to what relief is he entitled and what directions are
necessary in this respect?"
(3.) The Labour Court after considering the entire evidence came to
the conclusion that the enquiry against the petitioner was held in a proper and
fair manner and the punishment awarded to the petitioner was not
disproportionate to the misconduct and passed an award against the petitioner.
The petitioner has challenged the validity of the award on the ground that the
Labour Court failed to appreciate that the findings of the Enquiry Officer were
perverse and reasonable opportunity was not given to the workman. The workman
was not allowed to participate in the enquiry proceedings. The workman was not
associated at the time of awarding the punishment and the management violated
the provisions of certified standing orders. The Labour Court did not consider
the evidence adduced before it and passed an award contrary to the settled
principles of law. Even if it was considered that the charge was proved against
the workman and the enquiry was held fair and proper, the punishment of
dismissal from service was disproportionate to the misconduct of the petitioner.;
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