ST JOSHEPH CONVENT SCHOOL Vs. PRESIDING OFFICER

JUDGEMENT

(1.) The workman committed an act of misconduct and was consequently chargesheeted. The management appointed an Enquiry Officer to conduct a domestic enquiry. The Enquiry Officer gave full opportunity to the workman to defend himself. The Enquriy Officer after considering the various evidence that was brought before it submitted an enquiry report holding that the charges levelled against the workman stood proved. Based on the enquiry report, the management issued a notice, and thereafter, the management after considering all aspects of the matter, passed an order terminating the services of the workman. The workman, being aggrieved by the order of termination, raised an industrial dispute, which was eventually referred to the labour court for adjudication.

(2.) Before the Labour Court, the workman contended that he had been in continuous service for more than 15 years and that he was not responsible for the misconduct as he was only a door checker in a bus and not a bus driver and was not responsible for the accident. The workman contended that he had worked for more than 240 days in a year and that the order of termination was in violation of the provision of 6-N of the U.P. Industrial Disputes Act.

(3.) On the other hand, the petitioner/ employers contended that the management took action in terminating service of the workman on account of disciplinary proceedings being initiated against him by serving a chargesheet, and thereafter, holding an enquiry against him. The petitioner contended that the charges stood proved and, on that basis, disciplinary action was taken and since the charges were grave in nature, the services of the petitioner was terminated. The petitioner in the written statement had also stated that in the event the labour court finds that the enquiry initiated and conducted by the management was violative of the principles of natural justice, in that event, an opportunity should be given to them to prove the charges before the labour court itself.