PATEL ROADWAYS LTD. Vs. P.O. INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) The petitioner impugns an order dated 01.10.2003 (hereafter the 'impugned order') passed by the Industrial Tribunal whereby the domestic enquiry conducted by the petitioner against respondent no.2 workman was vitiated and the report of the enquiry officer was held to be perverse.

(2.) Briefly stated, the relevant facts for examining the controversy in the present petition are that respondent no.2 was working as MIS Executive (i.e. Management Information System Executive) with the petitioner. On 30.11.1993, the petitioner suspended respondent no.2 and issued a charge sheet dated 01.02.1994 alleging that respondent no.2 caused the Divisional Finance Manager of the petitioner to be assaulted on account of some clarification sought by him from respondent no.2 with respect to a bill of M/s Computer Station (a supplier to the petitioner), prepared by him.

(3.) On 23.02.1994, the petitioner appointed Shri R.S. Butalia, Advocate as an enquiry officer the petitioner, to consider the charges and explanation provided by respondent no.2. Shri R.S. Butalia resigned on health grounds and on 01.08.1994, Shri C.V. Kumar was appointed as an enquiry officer in place of him. The enquiry officer Shri C.V. Kumar found respondent no.2 guilty of the charges and submitted his report on 15.03.1997. On 07.08.1997, the service of respondent no.2 was terminated by way of simple discharge.