Sudhir Agarwal, J. - (1.) Heard Sri U.K. Misra and Sri R.K. Misra, learned counsels appearing for petitioner and Sri Sunil Kumar Tripathi, learned counsel for respondent-3.
(2.) This writ petition under Article 226 of Constitution of India has been filed by sole petitioner- K.P. Singh, who is aggrieved by award dated 10.10.1986 passed by Labour Court, II, Kanpur, U.P. in Adjudication Case No. 11/82 answering reference made to it by upholding dismissal of petitioner and awarding a lump sum compensation of Rs. 35,00/-.
(3.) Facts, in brief, giving rise to present writ petition are that petitioner was employed as Fitter Grade II in Maintenance Department of M/s Ralli Chemical Limited, Magarwara, Unnao, which now stands, transferred to M/s Jay Shree Tea Industries Limited (hereinafter referred to as "Employer"). Petitioner was elected as General Secretary of Unnao Chemical Employees Union, Magarwara, Unnao, a registered Trade Union, in June, 1979. A show cause notice was issued to petitioner on 19.07.1979 by Manager of Employer requiring him to show cause as to why he refused to fabricate one feed line for cell house in hydroplant on 16.07.1979 at 09:30 am and remained idle which amounts to gross misconduct and breach of duty. Petitioner replied said notice vide letter dated 23.07.1979 by denying charge. He said that in fact he was misbehaved by concerned official by not providing an Assistant to him though he was in the status of Fitter Grade-II. Subsequently a charge sheet dated 25.07.1979 was issued to petitioner under the signature of Manager containing following charge: "It has been reported Mr. U.C. Tripathi, ME that at about 9.30 a.m. on 16.7.1979 he asked you to do the job. After your oral refusal, you were served with a written job order also to carry out the above job but you remained idle whole day and did not carryout any job whatsoever including the above job entrusted to you. In the morning on 16.7.1979 when the above job was entrusted to you, you were very much insubordinate to Mr. U.C. Tripathi and had even said "aap nalayak Hain. Engineer ko Karmchariyon se kam tak lene ki tamiz nahin hai" All the above incident was witnessed by Mr. R.N. Yadav, Senior Shift/Supdt." Your above gross acts of misconduct amount to serious bread of discipline as you have refused to perform your duties, disobeyed and instruction of your superior, remained idle and wasted whole day without carrying out any job, and were even insubordinate to Mr. U.C. Tripathi, M.E.";