PRADEEP SIROYA Vs. HINDUSTAN ZINC LTD

JUDGEMENT

(1.) The instant appeal witnesses a challenge to the judgment and order dated 19.3.2007 analogously disposing of two proceedings i.e. SBCWP No. 1380/1995 instituted by respondent No. 1 herein and SBCWP No. 727/1996 by the appellant. Whereas the management/respondent No. 1 herein invoked the writ jurisdiction of this court being vexed by the determination of the learned Labour Court, Udaipur moderating the penalty of termination of the service of the appellant herein as a disciplinary measure to one of stoppage of two grade increments with cumulative effect, the appellant sought the intervention of this court to interfere with its (Labour Court) conclusion that the domestic enquiry culminating in the penalty of termination of service was valid. By the impugned judgment and order, the impugnment mounted by the appellant was negatived and the penalty of termination of service of the appellant was restored. We have heard Mr. R.R. Vyas, learned counsel for the appellant and Mr. Rajesh Joshi, learned counsel appearing on behalf of the respondents.

(2.) Facts indispensable for the instant adjudication are that the appellant, who at the relevant time, was a Senior Assistant in the Store Department of the respondent Management i.e. M/s. Hindustan Zinc Limited, was served with a memorandum of charges dt. 23.7.1990 pertaining to certain incidents at the work place that had occurred on 7.7.1990 and 22.7.1990 involving him. The contents of the memorandum of charges to the extent relevant, are quoted hereinbelow:

(3.) As the materials on record would disclose, even prior to this memorandum of charges, there was an occasion earlier for such a step to be taken on 16.4.1990 arising out of the allegation of misconduct against the appellant for his misbehavior with the higher authorities of the management. The proposed disciplinary action was however dropped, as the appellant in writing accepted his mistake.