DHIRENDRA BAHADUR SHAHI Vs. EMPIRE INDUSTRIES LTD

JUDGEMENT

(1.) This writ petition challenges the impugned orders dated 12th September, 2008 passed by the Labour Court, Thane dismissing the Complaint (ULP) No. 256 of 2002 and of the Industrial Court, Thane dated 19th December, 2009 passed in Revision Application (ULP) No. 70 of 2008 confirming the order of the Labour Court in Review Application. The Petitioner was working as a "Watchman" and refused to undertake certain duties assigned to him as, according to him, that was not his job. A show-cause notice was issued to him. On the next day he threatened the Security Officer of the Respondents with dire consequences. An enquiry was held against the Petitioner. The Enquiry Officer found that the charges leveled against the Petitioner had been proved. The Respondent-Management, therefore, dismissed the Petitioner-workman.

(2.) The Labour Court has held that the enquiry held against the Petitioner-workman was fair and proper and that the findings of the Enquiry Officer were not perverse.

(3.) In these circumstances, the complaint (ULP) No. 256 of 2002 was dismissed. In the Revision Application (ULP) No. 70 of 2008, the Industrial Court has agreed with the findings of the Labour Court and dismissed the Revision Application. The Industrial Court has noted that the past service record of the Petitioner was not good as he had been suspended and warned on several occasions.