Dhirubhai Naranbhai Patel, J. - (1.) This Letters Patent Appeal has been preferred against the order passed by learned Single Judge, in W.P.(L) No. 6173 of 2002 dated 3.11.2009. This writ petition was preferred by the original respondent No. 2. The learned Single Judge while allowing the writ petition, quashed and set aside the order passed by the Labour Court, Bokaro Steel City and remanded the matter to the said Court for a fresh decision. Hence, original respondent has preferred this Letter Patent Appeal. Having heard Counsel for both the sides and looking to the facts and circumstances of the case, it appears that this appellant was enrolled as an employee of the respondent -Bokaro Steel Plant, Bokaro from 7.1.1972. Thereafter, the alleged misconduct was committed by the respondent in the year 1973. Charge -sheet was issued to this appellant on 10.11.1973 and following were the charges levelled against this appellant: - - "You are hereby informed that you have rendered yourself liable for disciplinary action for having committed the following acts of misconduct: - - (i) Riotous, disorderly and indecent behavior. (ii) Assaulting employee of the Company. (iii) Molestation of a woman employee. (iv) Commission of Act subversive of good behavior and discipline of the Company."
(2.) In pursuance of the aforesaid charges levelled against him, the Inquiry Officer was appointed, Management Witness No. 1 and Management Witness No. 2 were also examined and ultimately the report was given by the Inquiry Officer, whereby, it is held that the charges levelled against this delinquent appellant are proved. Pursuant thereto, the disciplinary authority has taken a decision on 14.1.1975 for termination of the services of this appellant against which an application was preferred under Sec. 33 -A of the Industrial Disputes Act, 1947 in Reference Case No. 39 of 1973. This application under Sec. 33 -A of the Industrial Disputes Act, 1947 was dismissed by the Labour Court vide order dated 21.2.1995 against which writ petition bearing C.W.J.C. No. 3268 of 1995 (R) was instituted by this appellant which was withdrawn vide order dated 5.8.1997 with liberty to raise industrial disputes. This appellant raised industrial disputes on 4.9.1997 (after approximately 22 years from the termination of services) and ultimately reference under Sec. 10 of the Industrial Disputes Act, 1947 was made on 20.9.1999 and Reference Case No. 3 of 2000 was instituted in the Labour Court at Bokaro Steel City. This Reference Case No. 3 of 2000 was allowed and award was passed by the Labour Court, Bokaro Steel City, dated 6.8.2001 (Annexure -5 to the memo of this Letters Patent Appeal), against which respondent -management preferred a writ petition bearing W.P.(L) No. 6173 of 2002, which was allowed by the learned Single Judge vide judgment and order dated 3.11.2009, whereby the learned Single Judge has quashed and set aside the award passed by the Labour Court, Bokaro Steel City in Reference Case No. 3 of 2000 and remanded the matter to the Labour Court, keeping in mind the evidences given by the Management Witness No. 1 and Management Witness No. 2, which were not properly appreciated by the Labour Court and, therefore, the delinquent who was respondent No. 2 has preferred this Letters Patent Appeal.
(3.) Learned Counsel appearing for the appellant has submitted that no error has been committed by the Labour Court, Bokaro Steel City in quashing and setting aside the order of termination passed by the disciplinary authority on 14.1.1975. In fact, on the basis of the same charges, criminal case was instituted in which after investigation final form was filed. Thus, no charge -sheet was filed against this appellant even on criminal side for the very same allegation. Moreover, the authority who has terminated the services of this petitioner has no authority to terminate the services of this appellant. However, a lot of time has been wasted by respondents and the order of termination was passed in the year 1975 and now this appellant is on verge of retirement and hence the matter may not be referred to the Labour Court, Bokaro Steel City. Even otherwise also, looking to the evidences of M.W. -1 and M.W. -2, the charges levelled against this appellant has not been proved. This aspect of the matter has not been properly appreciated by the learned Single Judge and hence the judgment and order passed by the learned Single Judge dated 3.11.2009 deserves to be quashed and set aside.;