- (1.) This Letters Patent Appeal is directed against the Judgment dated November 14,2003 passed in C.W.J.C. No. 2812/1994(R) whereby the learned single Judge has dismissed the writ petition. In the aforesaid writ petition the appellant challenged the award passed by the Presiding Officer, Labour Court Ranchi in Reference Case No. 4/1993 whereby he has upheld the Order of dismissal from service of the appellant.
(2.) It appears that the appellant-workman was a Fitter in 6. Shop F.F.P. of the respondent-H.E.C. In August, 1979, the appellant along with another was transferred to 2-Shop on the ground that there was no work in 6. Shop. The appellant raised objection to his transfer and after about a month, he entered in the office of the Assistant Manager of 6. Shop and assaulted him by slapping on his face. The appellant was thereafter, put under suspension and a departmental proceeding was initiated against him on the following charges: (i) By the office Order dated August 1, 1979, the petitioner was relieved from 6-Shop for reporting at 2-Shop which he disobeyed. This amounted to disobedience of lawful and reasonable Orders of the competent authority; (ii) The petitioner was to report to 2-shop w.e.f. August 3, 1979 but, he did not do so and absented himself from duty without any prior information or sanction of leave which amounted to willful absence from duty without leave or without sufficient cause; (Hi) On September 3, 1979 the petitioner entered the office of Shri G.V.V. Giri, Assistant Manager, 6-Shop and assaulted him by slapping on his face.
(3.) All the aforesaid charges were proved in the departmental proceeding and the appellant was dismissed from service. A departmental appeal was filed but, that too was dismissed. Thereafter, the matter came to the Labour Court on the basis of industrial dispute raised by the appellant. The Labour Court, after re-appreciation of the entire evidence, came to the conclusion that the charges levelled against the appellant have been proved and the reference was answered accordingly. The appellant thereafter, challenged the said award by filing a Writ Petition being C.W.J.C. No. 2126/1989(R). On a short question, the writ petition was allowed and the Labour Court was directed 1 to pass a fresh Order. The Labour Court in compliance of the aforesaid direction, heard the matter and passed the award upholding the Order of dismissal. The appellant then again challenged the said award by filing C.W.J.C. No. 2812/1994(R). The learned single Judge after re-appreciating the entire evidence and after hearing the parties, dismissed the writ petition holding that neither there is any illegality, irregularity or perversity in the finding recorded by the Labour Court.;