HARBANSH SINGH Vs. MANAGING DIRECTOR

JUDGEMENT

(1.) This instant petition under Article 227 of the Constitution of India assails the legality and propriety of the order dated 10.11.2003 passed by the Industrial Court, Raipur (C.G.) in Civil Appeal No. 108/MPIR/A-n/2000 allowing the respondent's appeal and setting aside the order passed by the Labour Court dated 28.03.2000 in case No. 4/MPIR/95. Facts, in brief, necessary for disposal of this petition are as under:

(2.) Shri Pradeep Saxena, learned counsel appearing for the petitioner, would submit: the Industrial Court failed to see that conclusion of Enquiry Officer is perverse; once the Labour Court opted to interfere in quantum of punishment by virtue of powers conferred under Section 107-A of the M.P. Industrial Relations Act, 1960 (for short, 'Act of 1960), then the right to livelihood may not be deprived which is the spirit of Constitution as well as spirit of Section 107-A of the Act of 1960, which is inserted in the Act with mercy point of view. It was further contended, the petitioner has also been acquitted from the charge of theft by the Co-ordinate Bench of this Court in Criminal Revision No. 7/1998 vide order dated 17th August, 2009, and so also, the punishment order passed in Departmental Enquiry deserves to be quashed and the order passed by the Labour Court deserves to be restored.

(3.) On the other hand, Dr. N.K. Shukla, learned Senior Counsel appearing for the respondent, contended: the petitioner's contention before the Labour Court was only regarding proportionality of the punishment awarded and not against the Departmental Enquiry. The finding of the Labour Court was also not challenged by the petitioner by filing cross-objection and the above finding had attained finality and now the petitioner is estopped from challenging the validity of Departmental Enquiry. It was further contended: misconduct of theft is serious misconduct and for that, the punishment of termination/removal is the appropriate punishment. It was also contended: the order of termination/removal has been passed on the basis of Departmental Proceedings and can very well be passed even after acquittal of delinquent employee in criminal case.