KRISHNA PRAKASH SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri U.K. Misra and Sri R.K. Misra, learned counsels appearing for petitioner and Sri Sunil Kumar Tripathi, learned counsel for respondent-3.

(2.) This writ petition under Article 226 of Constitution of India has been filed by sole petitioner- K.P. Singh, who is aggrieved by award dated 10.10.1986 passed by Labour Court, II, Kanpur, U.P. in Adjudication Case No. 11/82 answering reference made to it by upholding dismissal of petitioner and awarding a lump sum compensation of Rs. 35,00/-.

(3.) Facts, in brief, giving rise to present writ petition are that petitioner was employed as Fitter Grade II in Maintenance Department of M/s Ralli Chemical Limited, Magarwara, Unnao, which now stands, transferred to M/s Jay Shree Tea Industries Limited (hereinafter referred to as "Employer"). Petitioner was elected as General Secretary of Unnao Chemical Employees Union, Magarwara, Unnao, a registered Trade Union, in June, 1979. A show cause notice was issued to petitioner on 19.07.1979 by Manager of Employer requiring him to show cause as to why he refused to fabricate one feed line for cell house in hydroplant on 16.07.1979 at 09:30 am and remained idle which amounts to gross misconduct and breach of duty. Petitioner replied said notice vide letter dated 23.07.1979 by denying charge. He said that in fact he was misbehaved by concerned official by not providing an Assistant to him though he was in the status of Fitter Grade-II. Subsequently a charge sheet dated 25.07.1979 was issued to petitioner under the signature of Manager containing following charge: