Decided on October 31,2007

MOHAN HOTELS (P) LTD Respondents


- (1.) THE petitioner herein, who was in the employment of the respondent Management (hereinafter referred to as the 'management') in the capacity of Attendant (for short, the 'workman'), was issued charge sheet and a departmental enquiry was held against him as per which charges were proved, on the basis of which his services were terminated. The workman raised industrial dispute challenging his termination, which was referred to the Labour Court. The Labour Court pronounced its order dated 28. 8. 1993 holding that enquiry was conducted in accordance with the principles of natural justice and there was no defect in the enquiry proceedings. Thereafter, vide Award dated 15. 3. 1995, the reference is answered in favour of the Management holding that having regard to the nature of charge, punishment of dismissal was not excessive. Challenging the aforesaid order and the Award, the present petition has been filed by the workman.
(2.) BEFORE coming to the challenge to the aforesaid order and Award, it would be appropriate to scan through the relevant facts and also the contents of the impugned order and Award.
(3.) THE workman was appointed as a trainee with the Management on 24. 8. 1983 at a salary of Rs. 350/- p. m. With effect from 1. 4. 1986, he was confirmed in services and his salary was also raised to Rs. 650/- p. m. However, vide memo dated 10. 1. 1987, the petitioner was served with a charge sheet and was also placed under suspension. The charges related to theft, fraud and dishonesty in connection with the employer's business and property. The precise charge levelled against the workman reads as under :- "a) On 5. 1. 87, when you were in the second shift, you were alloted the jobs of Cleaning the washing area, Ice cube room, Loading, Off loading and garbage room, you were found roaming around outside the main building adjacent to Store receiving area, by Mr. Veer Singh, Security Guard (Rounder) on duty, at 6. 45 p. m. b) Again at 7. 45 p. m. on the same day you were found going towards transport area in the rear side by Mr. Veer Singh, Security Guard (Rounder) on duty without any specific purpose. c) Thereafter on the same date you were seen by Mr. Janardhan, Security guard on duty (rear side), throwing out something through barbed fencing of the rear side. While you were coming back from the barbed fencing side after throwing out the same Mr. Janardhan, Security Guard, caught you and took you back to the site where you had thrown the above. While searching Mr. Janardhan, security Guard found a full sealed bottle of Liquor wrapped in two cloth dusters (White and Blue) and brought the same alongwith you upto the Store receiving dock shutters and also told you to accompany him upto the Security Supervisor at gate for reporting the matter but you ran away from the store receiving dock shutter leaving Mr. Janardhan, Security Guard and entered the building through the rear gate of store receiving area. These above acts amount to misconduct under the Model Standing Orders, clause (b) of Sub-Section 3 of Section 14, reading as under :-"theft, fraud or dishonesty in connection with employer's business or property". ";

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