- (1.) The petitioner-workman is aggrieved with award dated 21.4.1999 passed by the Labour Court, whereby the Industrial dispute raised by him was dismissed.
(2.) It may be noticed that the services of petitioner, who, at one point of time, was serving respondent No. 1-respondent-Bank as Secretary, were terminated on 16.1.1992 following some charges of causing loss to the respondent-Bank, embezzlement of funds, irregularities etc. The petitioner challenged his termination by raising an industrial dispute, which was referred by the appropriate Government to the Labour Court. The Labour Court decided the lis in two phases. In the first phase the Labour Court, vide award dated 12.2.1996, on the issue regarding fairness of enquiry held that the enquiry which was made basis of the termination of services of the petitioner was not held in accordance with law and principles of natural justice. However, in the second phase, the Labour Court vide impugned award dated 21.4.1999 held the petitioner guilty of committing embezzlement of funds of respondent-Bank on various occasions and also committing irregularities by making false and incorrect entries in the cash book. Justifying the action of respondent No. 1-respondent-Bank in terminating the services of the petitioner, the Labour Court, as noticed above, dismissed the claim of the petitioner. Therefore, the instant petition under Articles 226/227 of the Constitution of India has been filed by the petitioner.
(3.) We have heard learned Counsel for the petitioner and have also gone through the paper book as also the impugned award.;