SANJAI KUMAR MOHAN NIGAM Vs. LABOUR COURT P.O. LABOUR COURT, DEHRADUN
LAWS(UTN)-2013-9-9
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
Decided on September 11,2013

Sanjai Kumar Mohan Nigam Appellant
VERSUS
Labour Court P.O. Labour Court, Dehradun Respondents

JUDGEMENT

- (1.) Heard Mr. T.A. Khan, learned Senior Advocate assisted by Mr. Manokam Nautiyal, learned counsel for the petitioner and Mr. R.K. Raizada, learned Senior Advocate assisted by Mr. Ajay Singh Bisht, learned counsel for respondent nos.2 and 3.
(2.) By means of this writ petition, the petitioner has sought a writ in the nature of certiorari quashing the award of the Labour Court dated 15.10.1996 (Annexure-7 to the writ petition), whereby the labour court has held that dismissal of petitioner from services by the employer is not unjustified and illegal and he is not entitled to get any relief.
(3.) Brief facts of the case, giving rise to the present writ petition are, that petitioner was initially appointed as Clerk/Typist in Birla Yamaha, Dehradun in the year 1985. He was promoted to the post of Casting Assistant in the year 1987. On 20.4.1992, Sri N.K. Ghosh, Deputy Personal Manager went to the Canteen and found two workers namely Sri Ratan Lal Arora and Sri Pankaj Jain heating up their food in the canteen. Sri N.K. Ghosh stopped them from doing so as a result of which some altercation took place between the workers and Sri N.K. Ghosh. Against this incident, Manager took action against the petitioner who was Vice President of the Union at the relevant time and on the same day i.e. 20.4.1992 Sri Yogendra Singh, Manager, prepared a charge-sheet against the petitioner stating that at the time of alleged incident the petitioner had shouted at Sri N.K. Ghosh and had also threatened him and therefore has committed misconduct under the provisions of the certified Standing Orders of the Company. The workman/petitioner refused to accept the charge sheet dated 20.4.1992. On 22.4.1992, Sri N.K. Ghosh prepared another charge-sheet against the petitioner levelling serious charges of using abusive language by the petitioner. The petitioner/workman contends that in the subsequent charge-sheet, document used against the petitioner was not supplied to him. On 1.5.1992, the workman submitted his reply in which he alleged that the charges have been levelled against him with an ulterior motive and to remove the petitioner from service. He also submitted that the alleged altercation took place between Ratan Lal and N.K. Ghosh. Sri Ratan Lal Arora lodged the complaint with the Union with regard to misbehaviour of Sri N.K. Ghosh and being Vice President of the Union the petitioner was asked to get the matter amicably settled. He submitted that he never misbehaved with Sri N.K. Ghosh during his discussion with him. The reply, having not being found satisfactory, the disciplinary authority appointed Sri M.P. Singh as Enquiry Officer and departmental enquiry was initiated against him on 4.5.1992. The petitioner contends that Sri M.P. Singh is an own man of Management therefore he was wrongly appointed as Enquiry Officer. Before the Enquiry Officer, the Management filed four documents alleged to have been written by Sri Anil Soni, Surendra Garg, Yogendra Singh and Sri S.K. Sharma on 22.4.1992. It is alleged by the workman that the said letters were not supplied to the petitioner earlier and the same were supplied to the petitioner on 1.6.1992 before the Enquiry Officer. All the aforesaid four persons were produced before the Enquiry Officer for cross-examination. After completing the enquiry, the Enquiry Officer, vide his report dated 30.6.1992, held the petitioner guilty of the charges levelled against him. The disciplinary authority, vide its order dated 6.7.1992, accepted the enquiry report and accordingly terminated the petitioner. Feeling aggrieved, the workman/petitioner initiated conciliation proceedings.;


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