TAPEN SEN,J. - (1.) Heard Dr. S. N. Jha, learned Senior Advocate for the Petitioner and Mr. A. K. Sahani for the Respondent No.2.
(2.) IN this Writ Application the Petitioner has prayed for quashing the Award dated 28.9.1996 (Annexure -14) which was pronounced on 11.11.1996 by the Presiding Officer, Labour Court Jamshedpur in Reference Case No. 2/92 whereby and whereunder he held that the termination discharge of the concerned workman was not justified and accordingly, awarded reinstatement with full back wages and other benefits together with continuity in service. The Petitioner has also prayed for quashing the order dated 3.6.1995 (Annexure11) passed by the said Labour Court holding that the domestic enquiry conducted against the concerned workman was neither justified nor in accordance with the principles of natural justice. The short facts which are necessary to be taken note of for purposes of adjudication of this case is that the concerned workman was appointed in M/s. Tata Engineering and Locomotive Company Limited (hereinafter referred to for the sake of brevity as the Management) on 1.1.1980 and had been working since then. According to the Management, the concerned workman started absenting himself from duty without any leave, permission or information on and from 11.4.1988. According to the concerned workman he was arrested on 11.4.1988 in connection with G.R. Case No. 502 of 1988 and was remanded to jail custody. He had first orally informed the company which was followed by letters for sanction of leave. Thereafter, he again wrote for extension of leave and on 6.5.1988, leave was granted up to the forenoon of 6.5.1988. Subsequently, on 6.6.1988, the leave was extended but on 25.6.1988 a chargesheet was issued to the workman through the Jail Superintendent under Standing Order No. 24 (xxxviii) read with 43 asking him to explain about his absence and/or "overstay". According to the Management, the concerned workman should have submitted his written submission and should also have appeared in the enquiry in the office of the Senior Personnel Officer (Foundry) on 6.7.1988. He was also informed through the chargesheet that Sarvasree Rajiv Verma, Senior Personnel Officer (Foundry) and R.N. Thakur, Assistant Manager (RATP) had been appointed as Enquiry Officer. These letters including the chargesheet are Annexures -1 to 3 of the Writ Application. Upon receiving the aforementioned chargesheet and the letters referred to above, the concerned workman sent a letter dated 2.7.1988 (Annexure - 4) addressed to the Assistant Manager, Melting Shop, Foundry Division through the Jail Superintendent informing him as follows: - "With due respect I have to state that I received your chargesheet and came to know the facts that the bail petition is filed by my advocate at Ranchi Hon'ble High Court. I am still in jail custody. Hence, I am not in a position to resume my duty at company till I get released order from the court. Therefore, I request that kindly pardon me for the absence of duty till my release." [quoted verbatim]
(3.) THE Management have stated at paragraph - 7 (d) of the Writ Application that in order to provide one more opportunity, they postponed the enquiry to 9.8.1989 as is apparent from the letter dated 20.7.1988 as contained at Annexure -5. By reason of the said letter, the Petitioner was requested to appear on the said day i.e. 9.8.1988 at 9.00 A.M. in the office of the Enquiry Officer failing which it was informed that enquiry would be conducted ex parte and that no further extension would be granted. The Petitioner again did not appear on 9.8.1988 whereafter, according to the Management, a lenient view was again taken and one more opportunity was given by letter dated 18.8.1988 (Annexure -6) by which the concerned workman was informed that upon his failure to appear on 9.8.1988, a decision had been taken to provide yet another opportunity and accordingly, the enquiry had been postponed to 2.9.1988 at 9.00 A.M. The Petitioner was requested to appear. The Respondents also published the contents of the chargesheet in a local Hindi daily namely 'Uditwani' on 23.8.1988 although the earlier letter dated 18.8.1988 (Annexure -6) was sent to the Petitioner at his Jail address.;