- (1.) HEARD learned counsel for the parties who agreed for final disposal of the writ petitions at the admission stage.
(2.) FIRST writ petition has been filed by the employer and is directed against Award dated 18.11.2008 given by Presiding Officer Labour Court UP. Firozabad in adjudication case No. 45 of 2007, true copy of which is Annexure 8 to the writ petition. The matter which was referced to the Labour Court was as to whether the action of petitioner employer terminat­ing the services of its workman respondent No.3Brijesh Kumar Sharma w.e.f. 19/21 Sep­tember 1996 was valid and just or not. The workman was a conductor whose service were terminated after domestic in­quiry. The Labour Court found several alle­gations levelled by the workman against the management and its officers to be baseless. The main allegation against the petitioner was that he was absent without leave for a very long time. The report against the petitioner had been made by Sri H.C. Saxena, Senior Center In-charge. However, before the In­quiry officer Sri S.K. Yadav, Assistant Re­gional Manager, appeared. The workman de­manded presence of Sri H.C. Saxena for prov­ing the report given by him. The Labour Court held that in this manner the workman was de­prived of his right to cross examine the com­plainant. It has also been found by the Labour Court that on 26 and 27 December, 1995 In­quiry Officer recorded the evidence of wit­nesses of the Management and closed the in­quiry without providing opportunity of de­fence to the workman. Accordingly, it was held that domestic inquiry was not fair. It was also held that the punishment of dismissal from services was disproportionate. However, in para 12 of the Award Labour Court has mentioned that on 27th December 1995 work­man was absent. Ultimately the Labour Court directed reinstatement with backwages with effect from the date on which workman had filed application before Conciliation Officer i.e. on 01.11.1999.
(3.) COPY of order of dismissal dated 19.09.1996 is Annexure 2 to the writ petition in which it is mentioned that report regard­ing absence of the workman was made by Sri S.K. Yadav Assistant Regional Manager, Shikohabad depot on 18.04.1995. As men­tioned in dismissal order, in the said com­plaint period of unauthorised absence of the workman was mentioned as follows: 23 days in July, 1994 11 days in August, 1994 20 days in September, 1994 25 days in October, 1994 16 days in November, 1994 16 days in December, 1994 15 days in January, 1995 23 days in February, 1995 17 days in March, 1995 Total 182 days From 1st April till 18.04.1995 the date on which report was given. Total 182 days. ;