- (1.) The present writ petition has been filed under Article 226 and 227 of the Constitution of India challenging the award dated 18.11.1997 passed by the Labour Court, Jodhpur reinstating the respondent-workman with 50% back wages.
(2.) The respondent-workman was working with the petitionerCompany since 5.2.1983. He was charge-sheeted by the petitioner-Company on account of several misconducts. A regular domestic enquiry was conducted and adequate opportunity was given to the respondent-workman to participate in the said enquiry. The Enquiry Officer came to the conclusion that the respondent-workman was guilty of misconducts which led to the dismissal of the workman. Aggrieved against the order of dismissal dated 23.2.1990, the matter was referred to the Labour Department for conciliation and on failure of the same, the matter was referred to the Labour Court, Jodhpur.
(3.) The Labour Court, after referring to the domestic enquiry, noticed that the domestic enquiry had been conducted properly and was in conformity with the certified standing orders of the petitioner-Company. However, the Labour Court came to the conclusion that the penalty of dismissal from service was harsh and ordered the re-instatement of the respondent-workman with 50% back wages. Aggrieved against the order setting aside the dismissal of workman and the order re-instating him in service with 50% back wages, the present writ petition has been filed.;