BATA SHEO STORE Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner-employer, by means of this writ petition under Article 226 of the Constitution of India, has challenged the award dated 6th May, 1999, published on the Notice Board on 25th October, 1999 (Annexure '19' to the writ petition), passed by the Industrial Tribunal-1, Allahabad in Adjudication Case No. 36 of 1998

(2.) Following dispute was referred for adjudication to the Industrial Tribunal: ..(VERNACULAR MATTER OMMITED)..

(3.) After the notices were issued by the Tribunal, the parties have exchanged their pleadings and adduced the evidence. It is admitted case of the parties that during the pendency of the disciplinary proceedings against the workman, a compromise has been entered into between the workman and the employer-petitioner wherein according to the employer, it was agreed that the employer will take lenient view and reinstate the employees, who were involved in illegal strike. Thus, the workman was also reinstated by the employer and posted at shop at Kasganj in Uttar Pradesh subject to his complying with the required terms and conditions of the settlement arrived at between the employer and the employee. The Industrial Tribunal has framed issues, which arose according to the Industrial Tribunal for consideration on 3rd December, 1998. One of the issue framed by the Industrial Tribunal was whether the domestic enquiry conducted by the employer is fair and proper and whether the finding of the Enquiry Officer is perverse. Further, whether the punishment of the dismissal awarded to the workman is in accordance with Clauses 21-B and 22 of the Certified Standing Order. It has been submitted before the Industrial Tribunal on behalf of the workman that the employer have failed to prove charges levelled against the workman and have further failed to prove that any valid domestic enquiry was conducted against the workman. It has also been submitted on behalf of the workman concerned that the Industrial Tribunal cannot travel beyond the reference and a perusal of the reference made to the Industrial Tribunal clearly demonstrates that the reference that was made to the Industrial Tribunal was with regard to the termination of the services of the workman on the basis of the domestic enquiry dated 3rd February, 1997.