MATA SUNDARI COLLEGE Vs. PADAM KANT SAXENA

JUDGEMENT

(1.) The petitioner - Mata Sundari College - is challenging the award dated 20.1.1996 passed by the Labour Court No.IX directing reinstatement of respondent No.3, hereinafter referred to as the respondent, with full back wages. The respondent was employed as Lab Attendant by the petitioner in its college. He was served with a charge-sheet on 27.3.1981. The respondent filed a reply to the charge-sheet on 27.5.1981. Subsequently a notice dated 30.9.1981 was issued to the respondent to show cause against the proposed penalty of termination. The Managing Committee of the petitioner appointed an Inquiry Committee which held its proceedings on 19.10.1981. The respondent did not participate in the inquiry. The respondent was eventually terminated on 9.11.1981. Subsequently the respondent raised an industrial dispute which was referred to the Industrial Tribunal on 12.1.1982 with the following terms:

(2.) The Labour Court on 13.3.1983 framed the following issues:

(3.) On 29.5.1989 the Authorized Representative of the petitioner made the following statement: