HINDUSTAN GENERAL ELECTRICAL CORPORATION LTD Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application to quash the order of the Labour Court Ranchi dated the 39th December, 1961, in Reference case No. 3 of 1961, holding the termination of the services of Sri Padma Nabh Nola, respondent No. 3, by the petitioner to be illegal and unjustified and directing his reinstatement with full wages.

(2.) Respondent No. 3 joined the service of the petitioner as an Assistant Store-keeper on the 2nd August, 1956. On the 24th January 1959 he was called upon to explain certain shortages in the general section of the stores kept in his charge. He submitted his explanation, but that was not found to be satisfactory and then on the 2nd March, 1959 his services were terminated (Annexure A) in pursuance of Clause 11 (b) of the Service Rules prevailing in the petitioner's office The Government of Bihar, on the 5th April. 1961 referred to the Labour Court (see Annexure C) the dispute relating to the question as to whether respondent No. 3 should be reinstated in service or else he should he otherwise compensated. In their order of reference (vide notification of the Department of Labour and Employment No. III/DI-6044/61-L 2203, dated the 5th April. 1961) the Government stated as follows: "Whereas the Governor of Bihar is of opinion that an industrial dispute exists or is apprehended between the management of Hindustan General Electrical Corporation Ltd. Karampura, (Dhanbad) and their workmen represented by Karampura Workers Union. Karampura (Dhanbad)

(3.) The Labour Court while holding that Respondent No, 3 was not victimised and that there was no unfair Labour practice never the less held that, though the employer (the petitioner) purported merely to terminate the services of Respondent No. 3, in essence, it was a case of dismissal for misconduct, and that, as admittedly no enquiry was held the order of dismissal could not be sustained.