Rakesh Tiwari, J. - (1.) -
(2.) THIS petition is directed against award, dated 31.7.1996 passed by labour court Varanasi in Adjudication Case No. 19 of 1990. Heard Sri Rajesh D. Khare, learned counsel for the petitioner and learned standing counsel and Sri Iqbal Ahmad for the respondents. With the consent of the learned counsel for the parties, the case is finally decided at the admission stage. The petitioner is a subsidiary company of the U. P. State Sugar Corporation Limited and is engaged in manufacture of white crystal sugar by vacuum pan process. Vakil Ahmad Khan-respondent No. 2 was given permanent appointment on 28.8.1978 on the post of Switch Board Attendant in the petitioner's company. On 17.12.1987, when respondent No. 2 was on duty as Switch Board Attendant alongwith one Mohammad Shamim Idrishi, Electrician, the main panel board of the electric line of the petitioner-company was damaged and burnt out due to fire caused by short circuit sparkling. Respondent No. 2 was dismissed from service by order dated 30.4.1988, after holding enquiry.
(3.) IT is alleged by learned counsel for the petitioner that immediately on receiving the information about burning of the panel board of the electric line, the senior officials of the company rushed at the spot on 17.12.1987 and found that the respondent No. 2 was absent from his place of duty. He was suspended and served with a charge-sheet dated 8.2.1988. In the enquiry, held by the Executive Director of the company, the respondent No. 2 was held to be guilty and a second show cause notice was issued calling upon the respondent No. 2 to show cause as to why his services be not dismissed. He submitted his reply which was not found satisfactory, and, consequently, he was dismissed from service on 30.4.1988. Respondent No. 2 thereafter raised an industrial dispute. Conciliation proceedings having failed the matter was referred to the Labour Court, Varanasi, where the case was registered as Adjudication Case No. 19 of 1990. On receipt of summons, the parties submitted their written and rejoinder statements.;