- (1.) M/s. Tannery & Footwear Corporation of India Ltd., a Government Company incorporated under the Companies Act, by means of this petition has challenged the order dated August 25, 1977 of the Labour Court II, Kanpur, holding the domestic enquiry held against Sri Intizam Ali, workman. opposite party No. 4 to this petition, as being in violation of the principles of natural justice.
(2.) Sri Intizam Ali, opposite party, No. 4 was employed in the Closing Department, as a Closing Mechanist in the factory of the petitioner at Kanpur. He was workman within the meaning of Industrial Disputes Act, 1947 and also U. P. Industrial Disputes Act. Ghulam Rasool, Technical Officer in the Closing Department, on June 28, 1973, made a complaint that Intizam Ali had abused and assaulted him. This complaint was also forwarded to the Assistant Manager of the Closing Department Sri P. S. Bhanu who under his note of the same date forwarded the same to the Manager, Footwear Department for necessary action. Since the matter was considered to be serious it was forwarded for consideration and necessary orders to the Works Manager, who in his turn forwarded the same to the Personnel Manager. A chargesheet was served on Intizam Ali on June 29, 1972. He was also suspended with immediate effect. Upon request having been made by Intizam Ali, the Manager (Personnel and Administrative) sent a copy of the complaint made by Ghulam Rasool and also intimated that Sri R. K. Saxena Deputy Manager (Personnel) had been appointed Enquiry Officer to enquire into the charges. Intizam Ali was required to present himself before the Enquiry Officer on such date, time and place as may be fixed. Upon a permission sought by Intizam Ali, he was permitted to be assisted in the enquiry by one M. Y. Rahmani, an office bearer of Kanpur Chamra Mill Karmachari Union, Kanpur opposite party No. 3 to this petition.
(3.) The enquiry was conducted by Shri R. K. Saxena Witnesses were examined, and cross-examined for several days. After full opportunity had been given to Intizam Ali to defend himself, the proceedings terminated on September 27, 1973 and the Enquiry Officer submitted his report. It was found by him that the charges were fully proved and they amounted to disorderly behaviour subversive of discipline and recommended for adequate punishment being awarded to Intizam Ali.;