MANAGEMENT OF HINDUSTAN PAPER CORPORATION LTD Vs. PRESIDING OFFICER, INDUSTRIAL TRIBUNAL, SILCHAR
LAWS(GAU)-2018-3-12
HIGH COURT OF GAUHATI
Decided on March 08,2018

Management Of Hindustan Paper Corporation Ltd Appellant
VERSUS
PRESIDING OFFICER, INDUSTRIAL TRIBUNAL, SILCHAR Respondents

JUDGEMENT

Hrishikesh Roy, J. - (1.) Heard Mr. S.N. Sarma, the learned Sr. counsel appearing for the petitioner. The learned counsel Mr. N. Dhar appears for the employee (respondent No.2) in the WP(C) No.2151/2006. The learned counsel Ms. P. Chakraborty appears for other the two employees (respondent No.2) respectively, in the WP(C) Nos.2150/2006 and 2152/2006.
(2.) These cases are inter-connected and the common challenge is to the analogous order dated 31.12.2005 (Annexure-G), of the Industrial Tribunal at Silchar, whereby approval was refused to the termination of the workmen (respondent No.2) of the Cachar Paper Mill, Panchgram, operating under the Hindustan Paper Corporation Ltd. (HPCL). The Management decided to discharge the workmen on the basis of the misconduct proved against the delinquents and sought approval for their termination, from the Industrial adjudicator by offering the due wages under the proviso to Section 33(2)(b) of the Industrial Disputes Act, 1947 (hereinafter referred to as "the I.D. Act"). However the learned Presiding Officer of the Tribunal refused approval through elaborate examination of the evidence on record and surmising that the Management witnesses had failed to disclose prima facie basis, to accord approval for the Management's decision.
(3.) The substance of the allegation against the three workmen Ranjan Roy, Nikanon Naiding and Biswajyoti Deb is that on 07.04.2002, these employees who were posted at other Check Gates, at different locations, left their place of posting and came to the Lailapur Check Gate, at a distance of 80 K.M. (approx), without any permission from the competent authority. At the Check Gate at Lailapur/Bhairabi on the Mizoram-Assam Border, the employees in a clandestine manner, made unauthorized changes in the entry Registers of three bamboo suppliers of the paper mill and made fresh entries incorporating new particulars and prepared 3 new Registers, at the Lailapur Check Gate.;


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