AJAY RASTOGI,J. - (1.) Instant intra-court appeal is directed against order of the ld. Single Judge dated 25.07.2017 partially modifying the award passed by the ld. Labour Court dated 01.09.1997.
(2.) The respondent-workman indisputably had worked as machine man w.e.f. 10.11.1980 till his dismissal from service vide order dated 06.12.1986 (Annex.26) because of his willful absence from duty w.e.f. 13.11.1986. It was alleged that prior thereto a charge-sheet dated 08.11.1986 was issued and certain documents were placed on record to show that it was served upon him. Since it was case of no enquiry while passing the order of dismissal from service of a permanent employee, no option was left with him but to approach the ld. Labour Court for redressal of his grievance.
(3.) The reference was made by the Government on 03.05.1988 and in compliance thereof the statement of claim and written statement was filed by the parties and this court would like to record that the application was filed by the appellant-management for establishing the charges levelled against the workman during the course of enquiry to be conducted by the ld. Labour Court and since the permission was granted, the appellant-management tried to prove the guilt which was made to be the basis for passing the order of removal from service dated 06.12.1986 but this fact remained uncontroverted that the reasons assigned for passing the order of his removal from service was that he remained will fully absent from duty w.e.f. 13.11.1986 and the statement which has come on record, as alleged by the appellant and before the ld. Labour Court as well that the charge-sheet dated 08.11.1986 was served upon him and this remains very conspicuous that the charge-sheet dated 08.11.1986 was not the basis for passing of order of his removal from service dated 06.12.1986 and thus, the permission granted by the ld.Labour Court remain confined to the reason for removal from service for which indisputably no charge-sheet was served upon him and in the given facts and circumstances, no reasonable justification came forward for passing the order of removal from service after he rendered six years of service and that too the reason assigned for passing the order of removal dated 06.12.1986 and the ld. Labour Court finally arrived to the conclusion that no reasonable justification has come forward and no evidence has come on record which could support the order of removal from service dated 06.12.1986, in consequence thereof while quashing the order of removal from service dated 06.12.1986 the ld. Labour Court directed the employer (appellant) to reinstate the workman with continuity in service and back wages vide award dated 01.09.1997 (Annex.23).;