PARSHU RAM PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition is directed against the award dated 23.12.2003 (Annexure 18 to the writ petition) of Industrial Tribunal (I) U.P., Allahabad in Adjudication Case No. 133 of 1991 answering the reference made for adjudication by notification dated 22.8.1991 as to whether termination of the Petitioner workman was valid while three others have been granted relief. The Tribunal has held that the Petitioner - Parsuram Pandey and one Ram Karan were rightly dismissed from service. They were charged of abusing and assaulting a senior official of the company namely, Sri S.C. Ghakhar in an incident occurred on 22.6.1987. It has also been held that situation in company was such which did not justify holding of any inquiry against the Petitioner workman. The factum that some incident of maar-pit actually took place on the said date was admitted, the Tribunal has found that Petitioner was guilty and rightly dismissed from service.

(2.) Miss Bushra Maryam, learned Counsel appearing for the Petitioner contended that no inquiry has been held. It cannot be said that charges levelled against Petitioner are proved and hence, dismissal of Petitioner workman is wholly illegal. He has also contended that there is no evidence to show that Petitioner has actually assaulted and abused any one. On the contrary, the evidence was given that employer's representative had beaten and abused the Petitioner workman, hence dismissal of Petitioner workman was wholly illegal. Lastly, he contended that in any case the charges levelled against the workman are not so grave as to warrant major penalty of dismissal. The punishment imposed upon the Petitioner workman is arbitrary, shocking and disproportionate to the charges levelled against him.

(3.) Though it is true that the Petitioner was dismissed from service without holding enquiry in extreme tense situation prevailing in the company, on account of which no enquiry could have been possible at the relevant time but before the Industrial Tribunal, Shri Ghakhar the senior officer of the company himself produced and gave evidence that the Petitioner workman and two others abused and assaulted him. He was rescued by other officers and workmen. Ram Karan fled away from the scene, but Petitioner, who fell down and received injury, was caught hold by other persons.