PAWAN PARKASH SAINI Vs. AGANALL TRADERS LIMITED

JUDGEMENT

(1.) By this writ petition, petitioner has challenged the validity of the order dated 30.4.2005 by which the domestic enquiry against petitioner was held to be conducted fairly and properly by the management and the validity of the Award dated 9.5.2005 whereby the Tribunal answered the reference in favour of the management.

(2.) Briefly the facts are that one co-workman of the petitioner Roop Singh had indulged into misconduct and was served a charge sheet about the misconduct to the following effect:- <FRM>JUDGEMENT_1634_ILRDLH15_2006Html1.htm</FRM>

(3.) The petitioner considered it as an act of victimization of Roop Singh and instead of advising Roop Singh to face enquiry and place evidence before the Enquiry Officer, the petitioner incited other workmen on 17.2.1987 to strike the work and threatened to those workmen who were willing to work. He himself also stopped working. Due to his instigation the other workmen struck work , despite the fact that Conciliation proceedings were pending before the Assistant Labour Commissioner. His act of inciting other workmen to stop working and his act of himself not working and not allowing even willing workers to work was considered as indiscipline and a charge sheet was served upon him for inciting workers and indulging into the acts of indiscipline, threatening willing workers from attending the work and threatening them with dire consequences as given below:-