RAJ KARAN Vs. ALL INDIA WOMENS CONFERENCE

JUDGEMENT

(1.) The present petition is directed against the award dated 24.03.2012, wherein the learned Tribunal had recorded that by leading cogent and trustworthy evidence, the respondent Management has proved the absenteeism and misconduct of the petitioner/workman deceased Raj Karan for a long period. Accordingly, the learned Tribunal held that order of dismissal from service dated 16.04.1999 of the petitioner/workman was justified and legal.

(2.) The present petition has been filed through legal heir of deceased Raj Karan, who was a protected workman, filed I.D. No. 483/1998 later renumbered as I.D. No. 319/06/98, which was pending adjudication before the Labour Court vide reference under Section 36A of the Industrial Disputes Act, 1947 (hereinafter to be referred as "the Act?), with respect to service benefits of workmen being the General Secretary of the Workmen Union. Due to which the Management became annoyed and terminated his services in 1998 alleging abandonment of service. Though the said order was recalled, but a chargesheet dated 22.10.1998 (in Hindi) alleging unauthorized absence from duty w.e.f. 05.06.1998 till 09.08.1998 was issued against the deceased workman. Thereafter, the inquiry was concluded vide order dated 16.04.1999 and the major punishment of dismissal from service was imposed upon the workman after 26 years of unblemished service.

(3.) Being aggrieved, the workman raised an industrial dispute being I.D. No. 289/99 and vide award dated 12.01.2004, the learned Tribunal held that termination of services of the workman was illegal as the Management did not take approval under Section 33(2)(b) of the Act, accordingly, held that the workman shall be deemed to be continued in service and entitled to all wages from date of dismissal.