MOHD. GHULAM GHOUSE Vs. INUDSTRIAL TRIBUNAL-II

JUDGEMENT

(1.) WP.No.23514 of 2000:

(2.) The allegation of the petitioner was that he was appointed as a Tongsman on 03.01.1980 on a monthly salary of Rs.300/- and his salary was increased to Rs.1,600/- at the time of termination. He played an active role in trade union activities of the 2nd respondent company and he was elected as a Vice President in the year 1981 and thereafter functioning as General Secretary in the year 1993. The settlement between the union and the 2nd respondent expired on 30.06.1994. Therefore, he submitted the demands to the 2nd respondent on 27.06.1994 and the matter was admitted in conciliation on 11.09.1995. In view of his active participation in the trade union activities the 2nd respondent developed a vindictive attitude, invented a charge and a charge sheet was issued on 18.09.1995. He was charged with misconduct under Clause 20(h) of the Model Standing Orders and was also charged that he violated Clause 4 of the Standing Orders dated 03.01.1980. He offered his explanation on 02.12.1995. The 2nd respondent, having not satisfied with the explanation, ordered for an enquiry. He was dismissed from service on 27.12.1995 pursuant to the enquiry report. He filed an application before the Industrial Tribunal, the 1st respondent under 2(A)(2) of the I.D. Act challenging the order of dismissal dated 27.12.1995 and it was initially numbered as I.D.No.8 of 1996 on the file of Labour Court, Hyderabad. Later on, it was transferred to the 1st respondent Tribunal and was renumbered as I.D.No.93 of 1999. He filed his claim statement raising number of objections to the order of dismissal dated 27.12.1995. The Tribunal by Award dated 18.01.2000 held that the findings of the enquiry officer that the petitioner was guilty of misconduct as per clause 20(4) of Model Standing Orders was not correct. Accordingly, the order of the dismissal was set aside but denied the back wages. In that back ground, the present writ petition was filed.

(3.) Clause (4) of the letter of appointment reads as follows: