GOPAL SHANKAR PAWAR Vs. BHARTIYA AROGYANIDHI GENERAL HOSPITAL

JUDGEMENT

(1.) BY this petition the Petitioner -employee challenges Part I of the Award dated 14th December, 2001 and Part II of the Award dated 25th January, 2002 passed by the Labour Court Mumbai dismissing the reference under Section 10 of the Industrial Disputes Act and refusing to set aside the order of dismissal of the Petitioner from service.

(2.) THE Petitioner was employed initially as a ward boy/peon in the Respondent hospital. In the year 1982, the Petitioner was promoted as a Mukadam. On 10th October, 1988 a show cause notice -cum -charge sheet was issued to the Petitioner alleging several acts of misconduct, which are summarised below: (i) The Petitioner had taken an amount of Rs.400/ - from the hospital through Ganpat Tandle in order to meet the ambulance charges for shifting the dead body of a patient who was a friend of the Petitioner. On the next day the Petitioner submitted a receipt to the hospital for having spent a sum of Rs.425/ -. Investigations revealed that the Petitioner had actually paid a sum of Rs.225/ - only but had submitted a false, fabricated and forged receipt for Rs.425/ -. The Petitioner had thus misappropriated an amount of Rs. 175/ - out of the advance amount given to him;

(3.) LEARNED Counsel for the Petitioner then submits that after the findings of the Enquiry Officer recording the guilt of the Petitioner the Respondent should have been given a second show cause notice to the Petitioner before passing the order of dismissal. He invites my attention to clause (6) of Model Standing Orders No. 25 applicable to the Petitioner, which reads thus: "In awarding punishment under the standing order the management shall take note of the gravity of the misconduct, previous record if any of the workmen and any other extenuating or aggravating circumstances that may exist."