M R HEERA SINGH Vs. HMT LTD

JUDGEMENT

(1.) PETITIONER joined HMT Watch Factory in the year 1963. He was promoted from time to time. He has put in about 27 years of service in the organisation. He retired from service on 31-7-1994. On 23-1-1990 petitioner could not come to factory in the morning due to some personal work. He went to factory to join the duty for latter half of the period at 11. 30 AM. Due to traffic jam at the level crossing near Gokul which is on the way to the factory, petitioner could not reach the factory in time i. e. , 11. 30 Am but he could reach at 11. 45 AM. He entered the factory and assumed duty at 11. 45 AM thinking that he could get attestation of his card by his superior Officer as he enjoyed that special privilege. There is also a register kept near the gate in which some officers use to sign when they enter. However, this practice is not mandatory. The petitioner had informed two of his colleagues that he would be coming late to the duty and requested them to attend some urgent work. The same was also brought to the notice of Assistant general Manger (PI) when he was asked of late coming. He was punctual and prompt throughout his career. On 27-1-1990, petitioner received a letter in terms of Annexure-A seeking explanation on or before 3-2-1990 as to why disciplinary action should not be taken against the petitioner on the charge that his card was punched at 7-05 hrs by proxy but actually he attended the duty at 11-45 AM on 23-1-90. Explanation was submitted and thereafter enquiry was conducted and witness was examined. Enquiry Officer submitted his finding against the petitioner. Thereafter a punishment order in terms of Annexure-G was passed. Petitioner filed a writ Petition in this Court and this Court remanded the matter for reconsideration. After remand, the appellate authority has chosen to reject the appeal in terms of Annexure-Q. With these facts petitioner is before me.

(2.) RESPONDENTS have entered appearance. They object to the prayer sought for by the petitioner. They also justify their action in the matter.

(3.) HEARD the learned Counsel for the parties.