SHARDA PRASAD VISHWAKARMA Vs. STATA OF UTTAR PRADESH

JUDGEMENT

(1.) This is a petition under Article 226 or the Constitution by one Sharda Prasad Vishwakarma, who was a permanent employee in the workshop of Sahu Chemicals and Fertilizers, Sahupur, Varanasi, hereinafter described as the management. The relevant facts may be briefly stated as follows.

(2.) On 12 February 1981, the petitioner was stopped at the gate of the factory at about 10 p.m. when he was leaving the factory premises after his day's work. He was taking his cycle outside the factory gate. That cycle had a carrier fitted on it. The case of the management was that this carrier had been manufactured out of material belonging to the factory. The very next day a charge-sheet was issued to the petitioner asking for his explanation which was submitted on 14 February 1981. The case of the petitioner was that he had not manufactured the carrier with any material belonging to the factory. On 17 February 1981, the petitioner was informed that he must appear at an enquiry which was to be held by the labour officer, one Sri V. P. Jaiswal. On 23 February 1961, Sri Jaiswal held the enquiry and, on 27 February 1931, he recorded a finding that the charge against the petitioner had been established, and submitted the same to the works manager whereafter, on 4 March 1981, an order dismissing the petitioner was passed by the management.

(3.) There is no controversy that during the relevant period two disputes were pending between the management and some of its workmen, including the petitioner. One of the disputes was before the conciliation board as Case No. 13 of 1981, whereas the other dispute was pending before the industrial tribunal I, Allahabad, on a reference by the State Government as Reference No. 14 of 1981. In view of the provisions contained in Section 6B (2)(b) of the Uttar Pradesh Industrial Disputes Act), hereinafter referred to as the Act, an application was made to the concilation board for approval of the action of dismissal of the petitioner. By an order of 19 April 1981, the conciliation board came to the conclusion that the dismissal of the petitioner was unjustified with the result that approval of the action taken by the management was refused. The view taken by the conciliation board was that Sri Jaiswal had, in the course of the domestic enquiry held by him, contravened rules of natural Justice. The petitioner followed this up by a demand on the management to withdraw the order of dismissal and to allow the petitioner to join his duties and also to pay him arrears of salary, but the management did nothing. On 5 June 1961, file petitioner made a complaint, under Section 6F of the Act, to the industrial tribunal I, at Allahabad, before which Reference No. 14 of 1961 was pending. This tribunal was presided by Sri J.K. Tandon. The decision of the tribunal, in the nature of an award, was published In the Uttar Pradesh Gazette, dated 30 September 1961. A perusal of this award discloses that the tribunal took the view that the procedure adopted by Sri Jaiswal did not involve contravention of any rule of natural Justice and that the dismissal of the petitioner was justified. In view, however, of the fact that no application for approval of the Action taken by the management had been made before the tribunal, the tribunal passed orders on the footing that the petitioner continued to be an employee of the management until 30 September 1961, with the result that the tribunal directed payment of salary up to that date together with one month's additional salary, as provided by the statute. It is in respect of the award that the present petition has been, filed.