MANAGEMENT OF LTD Vs. RATI RAM

JUDGEMENT

(1.) THE present appeal is directed against the order dated July 5, 2007 passed by the learned single Judge disposing of the writ petition filed by the respondent-workman with certain directions.

(2.) THE learned single Judge has upheld the order passed by the appellant pursuant to the directions given by the Tribunal to the management for constituting another disciplinary Authority to award appropriate punishment after reconsidering the entire case.

(3.) HOWEVER, in the said order, learned single Judge has referred to the earlier order dated August 27, 2002 passed by the Labour court setting aside the penalty of dismissal of service of the workman imposed by the management on account of the bias of the disciplinary Authority with a further direction giving liberty to the Management to re-consider the appropriateness of the penalty to be inflicted cm the Workman by keeping in mind the punishment imposed on the co-accused of the respondent herein in the departmental enquiry. The effect of the aforesaid order was to set aside the order ot dismissal of service of the workman passed in 1980 so as to enable the Management to take disciplinary action against the workman. The workman, therefore, continued to remain in service and employee of the appellant, until and unless an appropriate order was passed dispensing with his services.