MANAGEMENT OF GAUHATI REFINERY IOC LTD Vs. MRIGEN SAIKIA

JUDGEMENT

(1.) This Writ Appeal arises out of judgment and order dated 17.8.93 passed by a learned Single Judge of this Court in Civil Rule No. 411 of 1987, thereby setting aside the award dated 12.12.85 passed by the Presiding Officer, Labour Court, Guwahati in Reference Case No. 24/79 and remitting back the case to the Labour Court, Guwahati for disposal in accordance with law. Aggrieved by the same, the appellant. Management, Gauhati Refinery, the employer has filed this appeal.

(2.) Few basic facts need be noted. The writ petitioner was served with a charge sheet, Annexure-A, dated 27.1.72 under the provisions of clauses 18(iv) and 18 (xxiii) of the Standing Orders for fraud/dishonesty/theft in connection with compny's business or property by tampering and/or showing false entries in Goods Receipt Notes and/or Stationery Stock Register and/or Stationery Issue Registers, thus causing heavy losses to the employer Company. The writ petitioner was also charged with negligence in connection with discharge of his duties. The writ petitioner submitted his reply, Annexure-B. On 31.1.72 alleging that it was a conspiracy on the part of the employer to victimise him on false charges. A domestic enquiry was conducted and the Enquiry Officer found him guilty of the charges. The appellant Management, agreeing with the findings of the Enquiry Officer held him guilty of the charges of misconduct and dismissed him from service.

(3.) After dismissal from service, the appellant Management submitted an application under Section 32(2) of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act) seeking approval of the order of dismissal from the Industrial Tribunal, as some other disputes of the same Management were also pending before the Tribunal at Guwahati. This application under Section 33(2) of the Act was registered as Reference Case No. 61/75. The dispute was referred to the Labour Court at Guwahati by the Government of Assam and it was registered as Reference No. 24/79. The following two issues were referred : "(1) Whether the management of the Gauhati Refinery are justified in dismissing Shri Mrigen Saikia from service ? (2) If not, is he entitled to reinstatement with full back wages or to any other relief in lieu thereof ?"