SONA DEVI Vs. KARAMVIR AGGARWAL

JUDGEMENT

(1.) This appeal is directed against the order dated 25th August, 2006 passed by the learned Single Judge dismissing the writ petition filed by the appellant against the award dated 24th September, 1999, wherein Industrial Adjudicator has held that the dismissal of the appellant was legal and justified.

(2.) A fact finding enquiry was held with regard to allegation that the appellant while working as a sweeper had consumed liquor and went to the house of another sweeper viz. Mr. Salig Ram knowing that he was on duty. It was stated that the appellant had tried to molest and had misbehaved with the wife of Mr. Salig Ram. After the submission of the report of the fact finding enquiry indicting the appellant, regular departmental enquiry was held against the appellant on the charge of misconduct under Rule 22(b) of the Conduct Rules. The Enquiry Officer on completion of enquiry submitted his report stating that all charges drawn against the appellant were proved. The management after considering the enquiry report, awarded punishment of removal from service to the appellant. A dispute was raised by the appellant in respect of the aforesaid order of dismissal from service, which was referred to by the appropriate State Government on the following terms:-

(3.) The Labour Court received evidence adduced by the parties and thereafter hearing the parties passed an award on 24th September, 1999 answering the reference in favour of the management and against the workman. It was held that the enquiry held against the appellant was fair and proper. It was further held that the punishment awarded to the appellant was also just and as per law.