RAM PRASAD PRAJAPATI Vs. LABOUR COURT

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the record. This petition arises from an award passed by the Labour Court, Allahabad dated 23 Februrary, 1984 in Adjudication Case No. 196 of 1981. The award was enforced by publication on the Notice board under Section 6 (3) of the U.P. Industrial Disputes Act, 1947 on 28.4.1984.

(2.) The dispute arises due to termination of the services of the petitioner on 18.12.1980 by the Company. Aggrieved by his termination the petitioner raised an industrial dispute, which was referred by the State Governement in exercise of the powers under Section 4-K of the Act to the Labour Court Allahabad where it was registered as Adjudication Case No. 196 of 1981.

(3.) The case set out by the employer was that the workman along with other workers assaulted the Chief Executive Officer of the Company. He was found responsible for riotous and disorderly behaviour and was dismissed from service after holding enquiry. It was also the case of the employer that some of the workers who were with the dismissed workman had accepted their guilt, which establishes the fact of involvement and participation of the workman in the aforesaid act of misconduct.