Sunil Ambwani, J. - (1.) HEARD Shri Manu Saxena for the petitioners. Shri R.R. Yadav argued the matter on behalf of respondent no. 2 -workman.
(2.) SMT. Gulzar Yaseen, Chairman, Nagar Palika Parishad, Keeratpur, Bijnor, and Nagar Palika Pparishad through its Executive Officer Shri Vikas Sain, have filed this writ petition to set aside an Award dated 19.8.2002 of the Labour Court, U.P. at Rampur in Adjudication Case No.45 of 1994, directing the employer to reinstate Shri Chaman Lal -respondent no. 2 w.e.f. 29.1.1993, as if he was in regular service and to pay the entire wages and benefits which he would have been entitled on the ground that the termination of his service by the Nagar Palika Parishad was improver and illegal. Briefly stated the facts, leading to the reference of industrial dispute to the Labour Court, are that the respondent no. 2 workman Chaman Lal was appointed as a Sweeper (Safai Karamchari) on 6.9.1983. His services were regularized on 10.8.1987. The workman alleged in his written statement that he had some dispute with Chandra Pal -Safai Naik on 5.7.1989 and since thereafter Shri Chandra Pal was keeping a grudge and made several false complaints against him. Shri Chandra Pal wanted the applicant -Chaman Lal to leave the job and that in his place some one else be employed from his own family. The Head Clerk was also a party to the conspiracy. On 14.10.1992 Shri Chandra Pal took the Executive Officer for inspections in the area assigned to him which was much larger than the area assigned to other sweepers. The workman was warned and was required to clean the areas of Mohalla Mitha Shaheed and Radhamani assigned to him. He was also given a charge sheet which was received much after the period within which the workman was required to reply. The charge sheet was received by him on 5.1.1993 and that a reply was submitted on 7.1.1993. He was not well and was keeping ill during that period. The workman was suffering from 'Fistula' and was under treatment in District Hospital, Bijnor since 1.11.1992. The workman appeared before the Executive Officer and requested for leave which was not granted. His services were terminated on 31.1.1993 in an ex -parte proceedings without giving him any opportunity of hearing and in violation of principles of natural justice. The employers in their written statement stated that the workman was employed as a Sweeper. He was grossly negligent in performing his work and very often absented from duties. He was suspended and given a charge sheet to which he did not submit a proper reply. In the departmental enquiry the charges were found to be proved and that his services were terminated on the ground that on inspections at 11.30 AM on 14.10.1992 by the Executive Officer and Shri Zamil Ahmad, Vaccinator, it was found that the drains from the house of Sharif Chaudhary to Masjid as well as the drains in Mohalla Radhamani were not cleaned by the workman. He could not explain the negligence and his absence from duties on 9.11.1992 and 11.11.1992. He was again absent from 18.11.1992 to 20.11.1992 and was suspended on 20.11.1992. In his place Shri Chandra Pal carried out the duties from 18.11.1992 to 20.11.1992. In the enquiry the statements of the workman; Zamil Ahmad -Vaccinator and Shri Chandra Pal, Safai Naik were recorded. All the charges were proved against him.
(3.) THE workman appeared as WW -1 and proved the contents of his written statement. It was stated by him that the suspension order was passed by Shri Ram Krishna Gupta, Head Clerk and not by the Executive Officer. Shri Ram Krishna Gupta an interested person was also appointed as Enquiry officer. Shri Najaqat Hussain EW -1 stated that Shri Ram Krishna Gupta was appointed as enquiry officer. The Labour Court found that the suspension by the Head Clerk and the enquiry by the same Head Clerk Shri Ram Krishan Gupta, who did not appear in the Labour Court to prove the enquiry report was not valid. He had no authority to either suspend the workman or to conduct the departmental enquiry. The order of the Executive Officer, Nagar Palika Keeratpur terminating the services of the workman was quoted by the Labour Court in its Award. The Executive Officer in the order terminating the services of the workman did not consider the reply to the charge sheet. The three line order simply reads: - "You are informed that your reply given to the charge sheet and the show cause notice served upon him is not satisfactory. You are removed from the services of Palika. Sd/ - (Executive Officer), Nagar Palika, Keeratpur, Bijnor";