- (1.) The present petition challenges the award passed by the Presiding Officer, Labour Court No. 1, Bhopal. The said award is placed on record as Annexure P-l to the petition dated November 7, 1996.
(2.) The facts leading to the present case are that the respondent No. 2 was employed as a Medical Representative. He was issued a charge-sheet on March 5, 1990. There after, another charge-sheet was issued to the respondent No.2 on May 8, 1990. A departmental enquiry by the petitioner was conducted against the respondent No. 2. In the said enquiry the was found guilty of the charges and thereafter an order of dismissal dated October 31, 1990 was passed.
(3.) Respondent No.2 submitted an application for conciliation under the provisions of the Industrial Disputes Act, 1947. On failure of the said conciliation proceedings the appropriate Government passed an order of reference for the adjudication of the industrial dispute by the respondent No. 1. The terms of the reference are as under: "Whether the dismissal of Shri Suresh Malik s/o Shri Yashpal Malik is legal and justified? If not, to what relief he is entitled to and what directions can be given to the employer in this regard?" [translated];