I.S.RANA Vs. M/S. CENTAUR HOTEL

JUDGEMENT

(1.) This appeal challenges the order dated 07.02.2013 passed by a learned Single Judge of this Court in the writ petition being W.P.(C) 2934/1997. The appellant was an employee of the respondent and was dismissed from service pursuant to a disciplinary inquiry held against him. The appellant/employee raised a dispute before the Industrial Tribunal which culminated in an award in his favour. The learned Single Judge has set aside the award passed by the Industrial Tribunal. The appellant being aggrieved by the same has preferred the present appeal.

(2.) The dispute in the present appeal revolves around the question whether the learned Single Judge was correct in setting aside the award when admittedly the appellant was a protected workman and respondent had failed and neglected to obtain the approval as required under Section 33(2)(b)/33(3) of the Industrial Dispute Act, 1947 (hereinafter referred to as the "Act"). The brief facts relevant to consider the controversy in the present appeal are as under.

(3.) The appellant was an employee of Hotel Corporation of India and was employed at Centaur Hotel, New Delhi (the respondent herein). The appellant joined the respondent as a House Keeping Attendant and was employed in this capacity from 16.08.1985 till his dismissal from service on 16.02.1988. It is alleged that on 17.06.1987, the appellant was to report for his duties at 09:30 am but he was late and reported at 10:27 am. He also failed to punch his attendance card at the end of his shift. It is further alleged that on the night of 17.06.1987 at about 11:00 pm the appellant unauthorisedly entered the lobby of the hotel in a drunken state and is stated to have physically assaulted another employee and caused "breach of peace" and "nuisance" in the hotel premises. It is alleged that the conduct of the appellant terrorized the guests and also caused loss of reputation and business to the hotel. The appellant was issued a chargesheet in respect of his aforementioned conduct on 22.07.1987 which constituted grave misconduct under Regulation 73(i), 73(xi) & 73(xviii) of the Hotel Corporation of India Employees Service Regulations. The relevant extract of the said Regulations are as under:-