INDIAN RAILWAY CONSTRUCTION COMPANY LIMITED Vs. AJAY KUMAR

JUDGEMENT

(1.) Bitter relationship between the employer and the employee has resulted in a large number of litigations; unfortunately and inevitably creating an atmosphere of distrust. In most of the cases, the employer complains of misconduct by the employee concerned; while the employees usually plead victimization. The present case is no exception.

(2.) Starting point of the controversy was about two decades back. The respondent (hereinafter referred to as the employee) was appointed on a probation basis in May, 1981. His appointment was on temporary basis and he was not confirmed even after the initial period of probation. Alleging that he assaulted a senior officer and along with others ransacked the office creating chaotic condition, an order of dismissal was passed on 7-12-1983. On the alleged date of incident, information was lodged with police. The order was passed in respect of two employee the present appellant and one Mr. V. K. Talwar. It was pointed out in the order of dismissal that it would not be practicable to hold an enquiry before directing dismissal. The respondent-employee, on the other hand, alleged that the order of dismissal was the outcome of victimization. He took a stand in the writ petition filed before the Delhi High Court that because of union activities, he had become an eyesore of the management, and the order of dismissal without holding an enquiry was violative of law and was at variance with the requirements of Art. 311(2) of the Constitution of India, 1950 (in short the Constitution).

(3.) Learned single Judge was of the view that in a given case, enquiry can be dispensed with; but the case at hand was not of that nature. It was further held that the protection under Art. 311(2) was available and non-observance of the procedure vitiated the order of dismissal. The matter was challenged in Letter Patents Appeal before the Division Bench of the Delhi High Court by the present appellant.