SANJEEV KUMAR Vs. P O LABOUR COURT

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) In pursuance to the aforesaid reference order, the Labour Court, Dehradun, registered it as Adjudication Case No. 112 of 2004, which is still pending for disposal. During the pendency of said reference, the petitioner was placed under suspension vide order dated 28.11.2007 (annexed as Annexure No. 10 to the writ petition), passed by respondent No. 3 and the petitioner was charge-sheeted vide letter dated 30.11.2007. After completion of departmental enquiry, the petitioner was removed from service and his balance salary for suspension period was forfeited. Feeling aggrieved, the petitioner preferred a departmental appeal before the appellate authority, which was dismissed vide order dated 10.9.2008 (annexed as Annexure No. 11 to the writ petition). Thereafter, revision filed on behalf of the petitioner before Chairman, UTC, was also dismissed vide order dated 26.11.2008 (annexed as Annexure No. 12 to the writ petition).

(3.) It is pertinent to mention here that after the dismissal of both the appeal and revision, the petitioner made a complaint under section 6-F of the U.P. Industrial Disputes Act, 1947, before Labour Court, Dehradun, which was registered as Case No. 01 of 2009. Thereafter, summons were issued to the parties. A written statement (annexed as Annexure No. 14 to the writ petition) was filed on behalf of respondent No. 3 and thereafter rejoinder affidavit (annexed as Annexure No. 15 to the writ petition) was filed on behalf of the petitioner.