UNION OF INDIA Vs. LAKHOO RAM

JUDGEMENT

(1.) THE petitioner by virtue of the present petition has prayed for setting aside the award dated 30th June, 2004 passed in ID No. 192/1997 in case titled Shri Lakhoo Ram, Plumber Vs. Superintending Engineer, CPWD. By virtue of the aforesaid award, the learned Labour Court has set aside the order of punishment of dismissal imposed on the respondent/workman on the ground that the same is arbitrary and discriminatory and the Labour Court has substituted the same with punishment of stoppage of 3 increments without cumulative effect as was imposed in the case of another co-delinquent, Mantoori.

(2.) BRIEFLY stated, the facts leading to the present writ petition are that on 26th November, 1997, the following industrial dispute was referred to the Industrial Tribunal-cum-Labour Court for adjudication : Whether the action of the management of Superintending Engineer, Delhi Central Circle 9, CPWD, New Delhi in terminating the services of Shri Lakhoo Ram, is legal and justified? If not, what relief the workman is entitled to?

(3.) THE respondent/workman, Lakhoo Ram, was allegedly working as Plumber with the petitioner/management from 28th August, 1986, and his services were terminated w. e. f. 30th August, 1995 after conduct of a domestic inquiry against him. The allegations made against him were that on 13th May, 1989 at about 3. 00 p. m. , he along with co-delinquent, Ganga Prasad, Mason and one Mantoori, Chowkidar allegedly gave beating to Ram Chander, Junior Engineer while posted in the same Division. A show cause notice for proposed inquiry was issued to the respondents/workmen on 19. 9. 1989 and articles of charges were also given to them. Pursuant to this, an Inquiry Officer was appointed. The Inquiry Officer after conducting inquiry gave a report that the misconduct of the respondent/workman was duly established and accordingly, the report was sent to the Disciplinary Authority. The inquiry report was dated 30th June, 1994 and it may be pertinent to observe here that the Inquiry Officer, Mahesh Chandra, Superintending Engineer had observed that the respondent/workman, Lakhoo Ram along with Mr. Ganga Prasad, Mason and Mantoori, Chowkidar had beaten Ram Chandra, Junior Engineer severely and the same has been established. On the basis of this inquiry report, the services of the respondent/workman were dismissed.