ASSOCIATED SERVICE STATION Vs. JAI KISHEN SHARMA

JUDGEMENT

(1.) The petitioner has challenged the award of the Labour Court whereby the Labour Court awarded reinstatement with full back wages along with other service benefits to the respondent.

(2.) The petitioner appointed the respondent as a Petrol Pump Attendant in the year 1980 and his last wages drawn were Rs.3,488/- per month. According to the petitioner, on 06th July, 2005 at 02:30 P.M., there was rush of three-wheelers outside the petrol pump which blocked the entry of the customers to the petrol pump; the General Manager of the petrol pump rang the bell several times which was not attended to by the respondent; the Manager of the petrol pump called the respondent to the office of the General Manager where the respondent talked loudly and misbehaved with dirty and filthy language; and the petrol pump was stopped for 10-15 minutes. The petitioner terminated the respondent after an inquiry on 13th March, 2006 whereupon the respondent raised an industrial dispute which resulted in the impugned award.

(3.) The respondent challenged the termination on the grounds that the respondent was not allowed to be represented by his representative in the inquiry; the proceeding sheets were not supplied to the respondent to enable him to defend the case; he was not allowed to cross-examine the witness of the management; he was not supplied the enquiry report; there is gross violation of principles of natural justice; the inquiry was sham and bogus; and the Enquiry Officer was biased against the workman.