VEERENDR SINGH SIRADHANA,J. - (1.) Aggrieved of the termination of his employment vide order dated 17th April, 2009, on the ground of misconduct and wilful absence as a consequence of dismissal of proceedings; the petitioner raised an industrial dispute leading to reference by the appropriate Government vide Notification dated 13th October, 2010, which has been adjudicated upon by the Labour Court and Industrial Tribunal, Ajmer while answering the reference in negative and against the petitioner-workman of which the petitioner is aggrieved of.
(2.) Briefly, the essential skeletal material facts necessary for adjudication of the controversy are that the petitioner was appointed to the post of Helper-cum-Machine Assistant, vide order dated 1st December, 2005, with the Shree Cement Ltd., Beawar (respondent-employer). The petitioner-workman was served with a charge-sheet for misconduct on the ground of wilful absence. It is pleaded case of the petitioner that, in fact, he was never served with the notice with reference to initiation of departmental enquiry and appointment of Assistant as to defend him. It is contended that in fact the officials of the respondent employer fabricated the documents.
(3.) Learned counsel for the petitioner-workman, Mr. Ashish Saxena, reiterating the pleaded facts and grounds of the writ application, emphatically argued that the petitioner-workman was not allowed opportunity of hearing. It is further contended that the petitioner-workman never admitted the charge of misconduct of wilful absence so also the enquiry report dated 20.3.09 and 26.3.09. Having served with the order of dismissal from service dated 17th April, 2009, the petitioner-workman raised an industrial dispute for violation of mandate of Section 25-F and 25-H of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act of 1947').;