TAJ MAHAL HOTEL Vs. MADVESH ACHARYA

JUDGEMENT

(1.) Both these two Writ Petitions are heard together as they arise out of the award passed on 24.03.2009 in I.D.No.48 of 2005 by the Labour Court-I, Hyderabad.

(2.) Writ Petition No.12261 of 2009 has been filed by the management while Writ Petition No.2246 of 2010 has been filed by the workman-employee.

(3.) For convenience sake, the petitioner in W.P.No.2246 of 2010 is referred to as the workman-employee and the petitioner in W.P.No.12261 of 2009 has been referred to as the hotel-industry. The workman-employee joined the hotel to begin with as telephone operator on 01.10.1990. When an incident involving the workman-employee is reported on 31.05.2004, a charge sheet comprising of two charges was drawn against him and communicated by the management of the hotel. The imputation behind the first charge was that the workman-employee has manhandled another employee by name Krishna, stall worker on duty. The second imputation deals with a misconduct committed by the workman-employee by taking the meals instead at the designated area from the specified time span he was taking meals at a different location and that he was ordering the other staff members to fetch him meals as if he were a guest of the hotel. Since the petitioner has denied the imputations, an Enquiry Officer has been appointed to conduct a detailed enquiry into the matter.