JAIPAL SINGH Vs. MOHAN HOTELS P LTD

JUDGEMENT

(1.) THE petitioner herein, who was in the employment of the respondent Management (hereinafter referred to as the 'management') in the capacity of Attendant (for short, the 'workman'), was issued charge sheet and a departmental enquiry was held against him as per which charges were proved, on the basis of which his services were terminated. The workman raised industrial dispute challenging his termination, which was referred to the Labour Court. The Labour Court pronounced its order dated 28. 8. 1993 holding that enquiry was conducted in accordance with the principles of natural justice and there was no defect in the enquiry proceedings. Thereafter, vide Award dated 15. 3. 1995, the reference is answered in favour of the Management holding that having regard to the nature of charge, punishment of dismissal was not excessive. Challenging the aforesaid order and the Award, the present petition has been filed by the workman.

(2.) BEFORE coming to the challenge to the aforesaid order and Award, it would be appropriate to scan through the relevant facts and also the contents of the impugned order and Award.

(3.) THE workman was appointed as a trainee with the Management on 24. 8. 1983 at a salary of Rs. 350/- p. m. With effect from 1. 4. 1986, he was confirmed in services and his salary was also raised to Rs. 650/- p. m. However, vide memo dated 10. 1. 1987, the petitioner was served with a charge sheet and was also placed under suspension. The charges related to theft, fraud and dishonesty in connection with the employer's business and property. The precise charge levelled against the workman reads as under :-