WHEELS INDIA LIMITED Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri J.N. Tiwari, Senior Advocate, assisted by Sri Kirshnaji Khare, Advocate on behalf of the petitioner, Sri Shabad Ali, Advocate, holding brief of Sri Subodh Kumar, Advocate on behalf of the respondent No. 3-workman and Learned Standing Counsel on behalf of the respondent Nos. 1 and 2.

(2.) M/s Wheels India Ltd. is a company duly registered under the Companies Act, 1956. The said company has established an industrial unit for manufacture and sale of wheels at Tanda Bali, District Rampur. The Company has its Certified Standing Orders providing for the condition of employment applicable to the employees of the said factory as well as other factories of the company.

(3.) Respondent No. 3, namely, Ishwar Dayal was employed in the industry. The respondent-workman was issued warning letters dated 9th June, 1997 and 14th December, 1999 in respect of the certain misconduct. On 7th February, 2001 a show-cause notice was issued to the workman to show-cause as to why the services of the workman be not terminated for being habitual absentee as per the provision of the Certified Standing Orders applicable. The respondent-workman submitted his reply to the said show-cause notice. However, the employers instead of holding disciplinary proceedings in respect of the alleged misconduct of the workman resorted to exercise of powers under Section 20 (1) of the Certified Standing Orders and discharged the workman from service after giving one month's notice/ by payment of one month's wages in lieu thereof by means of the order dated 22nd February, 2001.