Ram Surat Ram (Maurya), J. - (1.) Heard Sri Diptiman Singh, for the petitioners and Sri Shekhar Srivastava, for the contesting respondent-3.
(2.) The writ petition has been filed for quashing the award of Labour Court, dated 05.09.2017 (published on 04.12.2017), passed in Adjudication Case No. 1594 of 2008, holding that termination of service of respondent-3, in domestic inquiry by order dated 17.10.2001, was illegal and directing the petitioner to reinstate respondent-3 in service with continuity and back wages.
(3.) Shashi Export Private Limited (the petitioner) is a company registered under Indian Companies Act, 1956. Earlier it was a partnership firm and engaged in business of manufacture and export of ready-made garments. It is admitted to the petitioner that Mrs. Ranjana Jha (respondent-3) was employed as 'Checker' in the firm since 01.10.1995 (according to respondent-3, since 07.09.1994). It is alleged that 56 workers (including respondent-3) of the firm were preventing other workers to work and directing to involve in activities of go slow, from 08.08.2001. When management tried to intervene with ante-industrial activities of the workers, then they misbehaved with the officer and the workers not supporting their activities and also assaulted them and thus committed gross indiscipline. Respondent-3 and other workers were suspended, by order dated 16.08.2001. Charge sheet was served on the workers on 20.08.2001. The workers did not submit their reply to the charge sheet. The management appointed Sri V.K. Solanki, Advocate, as an Inquiry Officer, who fixed 08.09.2001 for inquiry but the worker did not appear before Inquiry Officer. Therefore, he conducted exparte inquiry and submitted Inquiry Report dated 28.09.2001, holding the workers guilty of the charges, after recording evidence of management. The management issued a second show cause notice to the workers and also published the notice in newspaper. Respondent-3 did not submit any reply to Inquiry Report. Management after examining the record, approved the findings of Inquiry Officer and dismissed respondent-3 from service by order dated 17.10.2001.;