MODI DISTILLERY Vs. PRESIDING OFFICER, INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) Heard Sri S.S. Nigam, Advocate for the petitioner and learned Standing Counsel as well as Sri Siddharth, Advocate for respondents.

(2.) With the consent of learned counsel for the parties the Court has proceeded to decide this matter at this stage under the Rules of this Court though no counter affidavit has been filed by respondent no. 2.

(3.) The petitioner is aggrieved by award dated 29.07.2009 passed by respondent no. 1 in Misc. Case No. 3 of 1995, under Section 6-F of U.P. Industrial Disputes Act, 1947 (hereinafter referred to as the "Act, 1947"). The respondent no. 2, the workman, filed an application under Section 6-F of Act, 1947 pleading that he was employed since 12.07.1980 as a regular and permanent employee in petitioner's industry, namely, Modi Distillery (hereinafter referred to as the "Employer"). The Employer declared a temporary closure and lockout on 05.01.1992, justification whereof was agitated by Modi Employees Union (hereinafter referred to as the "Employees Union") which resulted in a reference under Section 4-K of Act, 1947 for adjudication before Industrial Tribunal registered as Adjudication Case No. 73 of 1992. During pendency of the said reference, Employer suspended the workman, respondent no. 2 by letter dated 29.05.1995/02.06.1995 which resulted in dismissal order dated 08.11.1995. The workman assailed the order of dismissal alleging to be in utter violation of principle of natural justice inasmuch as he was not afforded opportunity of hearing and in a wholly ex parte proceedings the punishment order of dismissal was passed.