APOLLO TYRES LIMITED Vs. RAKESHKUMAR PAL

JUDGEMENT

(1.) Heard learned Advocates for the parties.

(2.) The facts in brief leading to filing this petition as could be culled out from the pleadings and proceedings deserve to be set out as under:

(3.) Consequence of serious punishment could not have been over looked by the inquiry officer and when inquiry officer concluded by recording findings against the delinquent workman the Court may not interfere with the same. During the course of hearing before the Labour Court a purshish came to be passed on behalf of the workman which was recorded by the Court on 27.6.2006 being Exhibit-20. That the chargesheet dated 29.12.1997 was pertaining to incident of loot which occurred outside the company premises on 2.8.1997 was belatedly issued The conducting of inquiry is not disputed, but imposition of punishment is challenged and as criminal case has been resulted into acquittal of the workman, the inquiry officer's report is challenged and consequent imposition of punishment be quashed and set aside. The Labour Court after recording findings held that the punishment imposed was not commensurate with the misconduct alleged and hence while partly allowing reference directed the employer to reinstate the workman with 20% backwages and continuity of service and amount of Rs. 1000/- towards cost. This award dated 18.6.1997 is assailed in this petition under Article 226 and also under Article 227 of the Constitution of India.