ANKUSH MANSINGH RATHOD Vs. MAJALGAON SAHAKARI SAKHAR

JUDGEMENT

(1.) Rule. It is made returnable forthwith. Mr. U.V. Khonde, learned advocate waives service for respondent no.1. At the joint request of learned advocate appearing for the parties, the matter is heard finally at the admission stage.

(2.) The challenge in this petition is to the order dtd. 4/3/2011 passed by the respondent no.1 terminating the services of the petitioner and the order dtd. 19/5/2015 passed by the Labour Court-1, Aurangabad in Complaint ULP No.51 of 2011 and order dtd. 11/1/2018 passed by the Industrial Court, Aurangabad in Revision (ULP) No.39 of 2015. The facts of the case are as under:

(3.) The petitioner was in the employment of the respondent no.1 as an Agricultural Assistant since the year 1995. The incident in question occurred on 19/3/2010 when the petitioner was on duty. It is the case of the respondent no.1 that on 19/3/2010 the petitioner came on duty under the influence of liquor and there was an exchange of words with one Shri. K.L. Solanke, who was the Mill Fitter. After the exchange of words with Shri. K.L. Solanke, the petitioner, on the instructions of the Works Manager, was sent to the police station where complaint came to be lodged and the petitioner was sent to Primary Health Centre, Mohkhed, where he was medically examined and the Medical Officer issued a Medical Certificate certifying the petitioner to be under influence of liquor.