Dr. AR. LAKSHMANAN, J. - (1.) This appeal is directed against the final judgment and order dated 9.10.2003 passed by the High Court of Judicature at Allahabad in Civil Misc. Writ Petition no.8594 of 1990, by which the High Court allowed the writ petition filed by the respondent no.1 and directed the appellant Management to pay to the respondent no.1 herein back wages to the extent of 75% till the date of superannuation or till the date of closure of the unit along with closure compensation and other admissible benefits. The appellant is the employer of respondent no.1 herein. He was appointed as a fitter with the appellant in its factory on 1.6.1956. The following charge-sheet dated 22.1.1976 was issued to the respondent no.1."Charge Sheet for misconducts. The following charges are framed against you :- 1 That on 22.1.76 you were on duty in the shift from 12 night to 8 a.m. At about 4.30 a.m you unauthorisedly left your place of work and leaving your department you came to the boiler. 2 That at that moment when you reached at the boiler you shouted loudly Ramphal you throw both the new coolie into boiler. We would stop the work. As such, you threatened other workers and incited them to stop work. 3 That when you were uttering the aforesaid words loudly, Shri Devraj Batura, Shift Chemist also came there. Shift Chemist in a very humble manner told you that you should go to your department and should not speak like that. Whereupon, you told him in anger - tomorrow I would also throw you in the boiler. After saying this, you returned to your department and while going, beckoned at Shri Ram Phal, Boiler Attendant. Your aforesaid acts amount to gross misconduct under the standing orders and in all other respect. You are directed to submit reply within 24 hours of receipt of this letter as to why disciplinary action should not be taken against you. If your reply is not received within prescribed time, it will be presumed that you accept the charges and appropriate action would be taken. Whereas charges framed against you are of serious nature, hence you are placed under suspension during the course of enquiry. During the period of suspension , you are required to come for attendance on all the working days at 11 a.m. so that the correspondence could be made. If you change your residence during suspension period, you immediately inform the same to us. Please note that in case of violation of orders regarding attendance and residence, no subsistence allowance would be payable to you. For Amit Vanaspati Company Ltd. Sd/- Illeg. Factory Manager."
(2.) The respondent sent reply to the charges made against him. The explanation of the respondent was found unsatisfactory and an inquiry into the matter was ordered by the appellant. An Inquiry Officer was also appointed. The Inquiry Officer concluded the inquiry and submitted the Inquiry report. The Inquiry Officer found all the charges against the respondent proved and held him guilty of the act of misconduct. Based on the inquiry report, the services of the respondent no.1 herein were dismissed by the Disciplinary Authority. After the order of dismissal, respondent no.1 raised an industrial dispute as the conciliation proceedings between the parties failed. The respondent no.2 vide notification of date referred the dispute of termination of the services of the employment of respondent no.1 to respondent no.3 herein. To add the charge of strike against respondent no.1, an application was also moved by the appellant Management, but the same was dismissed by the Labour Court. The Labour Court passed an order holding that the domestic inquiry against respondent no.1 was not free and fair. The Labour Court was of the view that the evidence of the witnesses was not examined in isolation and when the examination of one of the witnesses was being conducted other witnesses were also present. It was, therefore, held that the domestic inquiry was held in violation of principles of natural justice.
(3.) By the same very order, the Labour Court allowed the prayer of the management and permitted it to lead additional evidence for proving charges against respondent no.1 under the provisions of Section 11A of the U.P. Industrial Disputes Act, 1947.;