HINDUSTAN ANTIBIOTICS LIMITED Vs. B.N.SINGH

JUDGEMENT

(1.) This hearing has been done through hybrid mode.

(2.) The present writ petition has been filed by M/s Hindustan Antibiotics Limited (hereinafter, 'Management') challenging various orders passed by the Presiding Officer, Labour Court - XVII, Karkardooma Courts, Delhi (hereinafter, 'Labour Court') in LIR No. 207/16/10 (ID No. 236/10), finally culminating into impugned Award dated 2nd February, 2016. This petition seeks quashing of the said Award and various orders passed by the Labour Court, and also seeks remand of the matter back to the Labour Court to decide afresh after hearing the Management's case.

(3.) The brief background of the matter is that the Respondent- Workman was appointed as a Medical Representative in the office of the Management in Patna. He worked with the Management until 1996. On 14th November 1996, a chargesheet was issued against him by the Management, on the ground that he had falsely claimed Leave Travel Concession (hereinafter, 'LTC') by filing a receipt of travel from Delhi to Patna and back, amounting to Rs. 6,000/-. According to the Management, he had not undertaken the said journey. and had not obtained approval, in respect thereof, of the Management/ competent authority for availing the LTC. In the chargesheet which was issued, an enquiry was conducted and a report dated 10th August, 1999, was submitted by the then enquiry officer. As per the said report, the Workman was found guilty of the charges levelled - i.e., 'Fraud or Dishonesty in connection with the company's business or property'. He was then terminated vide order dated 28th August, 2000 passed by the Disciplinary Authority, which concurred with the findings of the first enquiry officer. An appeal was preferred by the Workman before the Appellate Authority, which was dismissed vide order dated 9th November 2000. The Workman then filed a writ petition being CWP 3395/2001, seeking quashing of the said termination order dated 28th August 2000, as well as the enquiry report against him. The High Court, vide order dated 6th August 2002, recorded the statement of the Management that a new enquiry officer would be appointed in the matter, and accordingly ordered for the Workman to be reinstated into service, until the fresh enquiry was completed. The writ petition was disposed of with the said direction. The order of the High Court reads: