DEPUTY GENERAL MANAGER Vs. CHANDRIKA KHARE

JUDGEMENT

(1.) The course pursued by the learned Single Judge in interdicting the verdict passed by the Industrial Tribunal (whereby the Award passed by the Labour Court ordering reinstatement of the employee with back-wages was set aside), holding that the instant case was a case of 'no evidence' at all, is challenged on various grounds, legal as well as factual.

(2.) Heard Shri Narendra Kumar Vyas, the learned counsel appearing for the Appellant/Company as well as Shri Vinod Deshmukh, the learned counsel appearing for the 1st Respondent/employee.

(3.) The husband of the 1st Respondent was serving as an employee of BALCO i.e. the Appellant/Company and while so, he was caught 'red handed' by the Central Industrial Security Force (for short 'the CISF') deployed in the Company, for committing theft of the Company's property (6 KGs of Aluminum). A Mahazar (Panchnama) was prepared and the matter was reported by the CISF to the Police, pursuant to which, a Crime was registered setting the criminal law in motion. Simultaneously, the Management proceeded with disciplinary action by issuing charge sheet, followed by domestic enquiry. It is stated that the delinquent employee had admitted his guilt in the enquiry; based on which the proceedings were finalised and report was submitted to the Management. On the basis of the said finding, the Disciplinary Authority evaluated the facts and figures and found the delinquent employee guilty of the charges levelled against him. It was accordingly, that Annexure P/1 order was passed on 15.02.1995, putting an end to the service of the employee by way of dismissal. This was sought to be challenged by the employee through proceedings taken before the Labour Court. The validity of the enquiry was decided as the preliminary issue. The Labour Court arrived at a finding that the principles of natural justice were infringed and in the said circumstance, the enquiry was held as vitiated. Pursuant to the opportunity sought for by the Management to establish the merits of the case, the Deputy General Manager of the Company was examined as a witness and some documents were produced and marked. After analyzing the evidence, the Labour Court arrived at a finding that the charges were not proved and accordingly, an Award was passed setting aside the order of dismissal and ordered reinstatement of the employee with back wages and all consequential benefits. Met with the situation, the Award passed by the Labour Court was taken up in appeal before the Industrial Tribunal. When the appeal was pending, the delinquent employee passed away on 30.10.2003; pursuant to which the legal heir (1st Respondent herein) was brought in the party array. On appreciation of the facts and figures in the light of the evidence adduced, the Tribunal arrived at a clear finding that the Labour Court had gone wrong in dealing with the issue and accordingly, the Award passed by the Labour Court was set aside and the dismissal order passed by the Management was upheld.