RAJENDRA SINGH SHEKHAWAT Vs. LABOUR COURT KANPUR

JUDGEMENT

(1.) BY means of this petition, under Article 226 of the Constitution of India, Rajendra Singh Shekhawat, the petitioner, an erstwhile workman of M/s. Elgin Mills Co. Ltd. Mill No. 2, CooperganJ, Kanpur, the, respondent no. 2, seeks to challenge the award dated 25th January. 1988, rendered by the Labour Court III, Kanpur the respondent no. 1, in adjudication case No. 48 of 1985.

(2.) THE facts of the case, as pleaded, are that the petitioner was charge-sheeted on 9th February, 1983 which was followed by a departmental inquiry. In the departmental Inquiry the misconduct of the petitioner was held to be proved. Consequent upon the findings of the departmental inquiry, the petitioner was dismissed from service by means of an order dated 19th March, 1982. This gave rise to art industrial dispute leading to a reference under section 4-K of the U. P? (industrial Disputes Act, 1947, hereinafter called the Act.

(3.) SHRI Agarwal, learned counsel for the petitioner, neither assails the finding of the Labour Court with regard to the fairness and propriety of the domestic requiry nor does he challenge the power of the Labour Court to enter the question of quantum of punishment and to award lesser punishment. Whet is agitated by SHRI Agarwal is the ineffectiveness of the relief of conversion of dismissal into termination of the services of the petitioner. The learned counsel submits that the relief granted by the Labour Court is illusory and if it bad properly reassessed and reappraised the evidence before it. which it was obliged to do In view of the provisions of section 6 (2-A) of the Act, the petitioner might haves been granted more effective relief.