YADESHWAR KUMAR Vs. BENNETT COLEMAN AND CO LTD

JUDGEMENT

(1.) We have heard the learned counsel appearing for the parties on the appeal, which was filed by the appellant as against the judgment and order dated 6th October, 2006 passed by the learned Single Judge whereby the writ petition filed by the respondent was allowed and the award dated 6th December, 2005 was set aside.

(2.) The appellant was appointed as Printer with the respondent on 26th December, 1976. His services were later on confirmed as Printer on 1st April, 1977. Thereafter, he was promoted and transferred to Ahmedabad as a Night Supervisor with effect from 21st July, 1978. He was subsequently transferred from Ahmadabad to Delhi office of the respondent on 14th January, 1980 as a Night Supervisor.

(3.) On 16th July, 1986, an allegation was made that the appellant insulted Mr.M.M.Srivastava, Administrative Manager in presence of other staff. Consequent to the aforesaid incident, a chargesheet was issued to the appellant on 29th July, 1986 alleging misconduct and indiscipline. On receipt of the aforesaid chargesheet, on 2nd August, 1986, the appellant entered into the room of Mr.M.M.Srivastava and abused and threatened him and was about to physically assault him but was restrained from doing so by some of other staff members. Be that as it may, when reply to the chargesheet dated 29th July, 1986 was received, the same was considered and was found to be unsatisfactory and under an order dated 28th August, 1986, the services of the appellant were terminated. The appellant was given one month's salary in lieu of notice. The appellant / workman challenged the aforesaid termination of service by raising a dispute which was referred to by the appropriate Government on the following terms: