ROOP SINGH Vs. AGANALL TRADERS LIMITED

JUDGEMENT

(1.) By this writ petition the petitioner has challenged the validity of order dated 30.4.2005 as well as validity of the Award dated 9.5.2005. By first order Labour Court held that domestic enquiry against petitioner was held in a fair and proper manner and by the second Award Labour court held that the termination of services of petitioner was not illegal and unjustified.

(2.) Briefly the facts are that petitioner was working as a driver. The following charges sheet was served upon him:- <FRM>JUDGEMENT_1635_ILRDLH15_2006Html1.htm</FRM>

(3.) An enquiry was held into the charges and after holding enquiry, Enquiry Officer found charges against the petitioner proved. The disciplinary authority imposed penalty of dismissal on the petitioner and an application under Section 33 (2) (b) of the Industrial Disputes Act 1947 was filed before the Labour Court by the management for approval of its action. Labour Court framed preliminary issue about the enquiry being fair and proper and held that the enquiry was held in a fair and proper manner. An award was passed after appreciating the evidence and the Tribunal held that the penalty of dismissal of the petitioner was not disproportionate to the charges.