VIJAYGIRI SHANTIGIRI APARNATHI Vs. INDIAN RAYON

JUDGEMENT

(1.) Rule returnable forthwith. Learned advocate Mr.Varun Patel waives service of Rule on behalf of the respondent.

(2.) The present petition is filed under Article 226 and 227 of the Constitution of India challenging the award passed by learned labour court, Junagadh in Reference Case No.05 of 2022 dtd. 6/6/2023 whereby, learned labour court has failed to take into account the language of charges framed against the present applicant and dismissed the reference.

(3.) It is the case of the present petitioner that the petitioner was employed with the respondent-Company since 25/11/2014 as a Helper in after treatment department and has continued in the said department from 1/12/2014 to 20/10/2021 which is dated when the service of the petitioner came to be terminated. The show cause notice was issued on 15/5/2018 against the present petitioner which was replied by the present petitioner on 16/5/2018 and the same was brought to an end to on 28/5/2018 with a warning. It is the case of the petitioner that on 27/8/2021 during early morning, petitioner went to purchase milk where his Superior namely Rameshkumar alongwith other person dashed their motor cycle on the leg of the petitioner and therefore, quarrel took place between the petitioner and Rameshkumar outside the premises of the Company. The suspension order came to be passed alleging that the present petitioner had assaulted the superior officer and thereby, committed breech of 24(h) and rule 25(k) of the Model Standing Orders. In response to the said suspension order, written explanation was given by the present petitioner on 1/9/2021 explaining the circumstances in which the quarrel took place.