KISHAN CHAND Vs. SWATANTRA BHARAT MILLS

JUDGEMENT

(1.) This writ petition is directed against the award passed by the Presiding Officer, Labour Court No.1, Delhi in I.D. Case No.549/1991.

(2.) A domestic enquiry was instituted against the petitioner and a charge sheet was issued to him. On completion of the aforesaid domestic enquiry the Enquiry Officer submitted his report contending inter alia that the petitioner/workman is guilty of the charges levelled against him. The management, upon receipt of the aforesaid enquiry report considered the same as also the service record of the petitioner and passed an order dismissing the petitioner from service. A reference was sought by the petitioner. In view of the aforesaid dismissal from service and on the basis of the same the dispute was referred on the following terms for consideration of the Labour Court :

(3.) During the course of the aforesaid reference learned Presiding Officer, Industrial Tribunal examined as to whether the domestic enquiry was proper and fair or not. He considered the evidence on record filed by the parties and thereafter came to the conclusion that the enquiry was conducted fairly and properly by the Enquiry Officer and that the findings were not perverse and therefore, there was no violation of the principles of natural justice. He also held that the punishment awarded to the petitioner is not disproportionate to the offence alleged. Being aggrieved by the said order the present writ petition is filed.