IOC LIMITED Vs. HASHMUKH PANNALAL MAJMUDAR

JUDGEMENT

(1.) . This petition is directed against the Award dated 15.4.2000, passed by the Industrial Tribunal, Vadodara, in Reference (ITC) No.1 of 1992. By the impugned Award, the Tribunal has partly allowed the Reference and the petitioner was directed to reinstate the respondent-workman on his original post, with 25% back wages.

(2.) The respondent workman was, initially, appointed as a Clerk-cum-Typist in the year 1974 and he was, subsequently, promoted as Senior Clerk in 1978 and in 1983, he was promoted as Office Assistant. As Office Assistant, he was in charge of processing leave applications, leave encashment, L.T.C. applications of the employees, etc. The respondent was subjected to charge-sheet on 13.8.1987 as regards various misconducts committed by him during the period between 1984 and May, 1986. Copy of the charge-sheet is produced at Annexure `1'. As per the said charge-sheet, dated 13th August, 1987, the respondent was subjected to following acts of misconduct :-

(3.) Subsequently, Enquiry Officer was also appointed for the purpose of conducting departmental enquiry against the respondent-workman. Therafter, by letter dated 16th May, 1988, which is at page 28 in the compilation, the respondent-workman made a voluntary statement, on his own free will, before the Enquiry Officer. In the aforesaid statement, he has admitted the charges levelled against him. He tendered unconditional apology for the acts of misconduct. In his letter, he prayed that a compassionate view may be taken in his case. The relevant part of the aforesaid letter tendered by him to the Enquiry Officer dated 16th May, 1988 is reproduced as under :-