- (1.) The instant appeal witnesses a challenge to the judgment and order dated 19.3.2007 analogously disposing of two proceedings i.e. SBCWP No. 1380/1995 instituted by respondent No. 1 herein and SBCWP No. 727/1996 by the appellant. Whereas the management/respondent No. 1 herein invoked the writ jurisdiction of this court being vexed by the determination of the learned Labour Court, Udaipur moderating the penalty of termination of the service of the appellant herein as a disciplinary measure to one of stoppage of two grade increments with cumulative effect, the appellant sought the intervention of this court to interfere with its (Labour Court) conclusion that the domestic enquiry culminating in the penalty of termination of service was valid. By the impugned judgment and order, the impugnment mounted by the appellant was negatived and the penalty of termination of service of the appellant was restored. We have heard Mr. R.R. Vyas, learned counsel for the appellant and Mr. Rajesh Joshi, learned counsel appearing on behalf of the respondents.
(2.) Facts indispensable for the instant adjudication are that the appellant, who at the relevant time, was a Senior Assistant in the Store Department of the respondent Management i.e. M/s. Hindustan Zinc Limited, was served with a memorandum of charges dt. 23.7.1990 pertaining to certain incidents at the work place that had occurred on 7.7.1990 and 22.7.1990 involving him. The contents of the memorandum of charges to the extent relevant, are quoted hereinbelow: "a) Use of abusive language for superior employees. b) Riotous and disorderly behavior with your colleagues in the office during office hours and thereby committing acts subversive of discipline. c) Assaulting and threatening superiors employee of the Company within the mine premises. d) Willful violation of Standing Orders." The above charges are based on the following allegations: "It has been reported in writing by your colleagues that you are in habit of exhibiting disorderly behavior and using abusive language in the office during the office hours for superiors. You are also in habit of talking about casteism and other unwanted affairs in the office. Whenever your colleagues advise you to stop such action you become angry and start threatening to them. On 7.7.1990 you were on duty. At about 3.30 p.m. you were using abusive language for GM. While doing so, your other colleagues like S/Shri. Pradeep Kumar Yagnik, (Sr. Assistant, E. No. 32289,) Shyam Sunder Paliwal (Sr. Assistant. E. No. 32111) & Dinesh Chandra Daglia (Sr. Assistant, E. No. 32315) advised you to stop such use of abusive language for superiors. Instead of taking advise of your colleagues in good spirit and used the following language before them. (Vernacular matter omitted.....Ed.) Thereafter, you took a paper weight in your one hand and single punch in the other hand and rushed to beat them. Thereafter, these employees submitted a written complaint against you for necessary action. Since, these allegations were of serious nature, the undersigned decided to meet with you and enquire about the incident. With this in view, the undersigned visited personally the office of Shri. P.L. Gehlot, Manager (Materials) (under whom you are working) at about 4.15 p.m. on 22.7.1990. I called Shri. R.C. Bhatnagar, Manager (Materials) and you to enquire into the incident on 7.7.1990. While enquiring into the incident you started giving irrelevant reply and not talking to the points. As a result, I asked you to go to your seat. After going to your seat, you started threatening your other colleagues who had given the written complaints dated 9.7.1990. After the order of suspension was signed by the undersigned and handed over to Shri. R.C. Bhatnagar, Manager (Materials) for serving the same to you. It was reported that you refused to accept the order No. HZ L/(S & P)/Pers/90/dated 22.7.1990 when you were asked to receive it by Shri. VS. Jayavalsan. Shri. Jayavalsan came to the chamber of Shri. Gehlot and returned the order undelivered to Shri. Gehlot in the presence of Shri. Bhatnagar and the undersigned. Shri. Gehlot called you in his chamber and advised you to receive the letter. You again refused to accept the letter and told that all the problems were created by Shri. R.C. Bhatnagar, Manager (Materials). Thereafter, I again advised you to take the delivery of said order, but you became suddenly violent and attacked Shri. Bhatnagar with a blow. When Shri. Bhatnagar tried to save himself, you hit him on shoulder and threatened him and his family members of dire consequences. Thus, you are guilty of committing the acts of misconduct as mentioned above. This amounts to acts of misconduct in accordance with Certified Standing Orders under Clause No. 18(18), (22), (28) & (36)."
(3.) As the materials on record would disclose, even prior to this memorandum of charges, there was an occasion earlier for such a step to be taken on 16.4.1990 arising out of the allegation of misconduct against the appellant for his misbehavior with the higher authorities of the management. The proposed disciplinary action was however dropped, as the appellant in writing accepted his mistake.;