ELGIN MILLS COMPANY LTD Vs. FIRST LABOUR COURT

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution prays that the award of the labour court, Kanpur, directing the reinstatement of Vijai Bahadur Singh (respondent 3) as a clerk, with continuity of service with effect from 2 November 1965, be quashed.

(2.) IT appears that respondent 3, Vijai Bahadur Singh, wes found sleeping during duty hours in the night shift between 15 and 16 October 1965. He was chargesheeted on 18 October 1965, He filed an explanation on 22 October 1965, whereupon the management of the petitioner-company directed an enquiry into the matter. The enquiry officer reported that the charge against the workman concerned (respondent 3) was established. Thereupon, the management passed an order dismissing respondent 3 from service on 3 November 1965.

(3.) AGGRIEVED, the workman raised an industrial dispute which was referred for adjudication to the labour court. The labour court found that the enquiry officer held the enquiry perfunctorily and in violation of the principles of natural justice. It was, therefore, incumbent upon the management to prove before it that the workman was really guilty of the charge levelled against him. It then went into the merits and after considering the evidence, held that the charge was not established and the workman's services were terminated illegally and unjustifiably. Consequently, he was directed to be reinstated with full back-wages.