SUDESH YADAV Vs. OBEROI FLIGHT SERVICES

JUDGEMENT

(1.) This writ petition has been filed under Article 226 of the Constitution of India by the petitioner for issuance of a writ of certiorari quashing the order dated 18.07.2006 and final award dated 19.12.2006 passed by the Labour Court in a case relating to the industrial dispute about the dismissal of the petitioner from service by her employer, the respondent herein, which had been referred to it by the appropriate Government under Section 10 of the Industrial Disputes Act.

(2.) The relevant facts are that the petitioner was employed with the respondent as 'Cutlery Packer' in the Kitchen Stewarding Department. After having worked for almost 19 years with the respondent she was served with a charge-sheet dated 24.07.2000 in which the following charge was levelled against her:- "You were on general shift-duty from 0930 hrs to 1800 hours of 19 th July, 2000. While leaving the work premisies after completing yor duty on 19 th July, 2000 at about 1810 hrs, Mr. Vinay Kumar, Security Guard, at the Security Office, subjected your bag and belongings to routine search. While searching your bag and the bag containing umbrella, Mr. Vinay Kumar found a polythene bag containing chocolates inside your umbrella(eleven numbers of chocolates CRUNCHIE, of British Airways, for which we are the custodian). When Mr. Vinay Kumar and Mr. R.S. Yadav, the Duty Security Supervisor, enquired about the contents of the polythene bag, you said you don t know any thing about it. Mr. Vinay Kumar immediately took possession of the polythene bag of chocolates. The matter was reported to the Duty Officer, Mr. S. Trivedi. The items were sealed and signed by the concerned witnesses and handed over to the Chief Security Officer for safe custody."

(3.) In the reply submitted by the petitioner to the charge-sheet she had refuted the aforesaid allegation levelled against her. Thereafter, an enquiry was held against her and on the basis of the report of the enquiry officer holding her guilty of the aforesaid charge, she was dismissed from service by the respondent-management on 14.12.2000.