NARENDRA NARAYAN NAVGIRE Vs. ATLAS COPCO (INDIA) LIMITED

JUDGEMENT

(1.) The present writ petition is instituted under Articles 226 and 227 of the Constitution of India, whereby the petitioner has invoked the supervisory and extraordinary jurisdiction of this Court for the purpose of assailing the Judgment and Awards dtd. 12/7/2016 and 3/11/2016 rendered by the Labour Court at Pune in Reference (IDA) No. 215 of 2010.

(2.) The factual matrix giving rise to the present writ petition, as set out by the petitioner, is that the petitioner came to be appointed in the capacity of a driller on 11/4/1981, and in due course was transferred to the purchase department. It is the case of the petitioner that two charge-sheets dtd. 25/4/2006 and 21/6/2006 were issued against him, alleging commission of misconduct under the Certified Standing Orders, including allegations pertaining to fraud and acceptance of illegal gratification. It is further stated that, upon conclusion of the domestic enquiry and on the basis of the findings recorded by the Enquiry Officer, the services of the petitioner came to be terminated by order dtd. 2/11/2009.

(3.) The record further indicates that the petitioner instituted proceedings by filing a Statement of Claim on 15/7/2010, to which the respondent-company filed its written statement in the year 2011. Upon completion of pleadings, the Labour Court framed issues on 9/9/2011, which included, inter alia, a preliminary issue with regard to the legality and propriety of the domestic enquiry and the sustainability of the findings recorded by the Enquiry Officer. The Labour Court thereafter proceeded to pass Part I Award dtd. 12/7/2016, holding that the enquiry conducted was fair and proper and that the findings recorded therein were justified. Subsequently, on 28/9/2016, the petitioner entered the witness box and led evidence on the aspects of past service record and alleged absence of gainful employment.