SINGARENI COLLIERIES COMPANY LIMITED Vs. INDUSTRIAL TRIBUNAL L

JUDGEMENT

(1.) Heard Sri K. Srinivasa Murthy, learned Counsel for the petitioner and Sri G. Vidya Sagar, learned Counsel for Respondent No.2.

(2.) The petitioner has impugned the Award of the Industrial Tribunal in I.D.No.28 of 1990 which was passed on a reference made under Section 10(l)(d) and 2(A) of the Industrial Disputes Act, 1947. The question referred to the Tribunal for its decision was as to whether the action of the Management of the petitioner company in dismissing Respondent No.2 herein - staff nurse from service is justified?

(3.) The 2nd respondent-staff nurse was charge-sheeted for the alleged misconduct viz., that on 28-9-1988, she entered the office room of the Superintendent, main hospital, stood behind the curtain and when he entered the room and sat in his chair, she assaulted him from behind on his head several times with an iron rod which resulted in multiple injuries to him. Enquiry Officer was appointed. Evidence was recorded and in his report, the Enquiry Officer held that the charge stands established and the conduct of the delinquent - staff nurse constitutes misconduct under Companies Standing Order 16(5) and is in violation of sub-rule (ii) of Rule 3 of Company's Code of Conduct of Discipline Rules. The Disciplinary Authority directed dismissal from Company's service w.e.f. 4-4-1989. Conciliatory talks before the Assistant Labour Commissioner failed and the Central Government referred the matter for adjudication by the 1st respondent-Tribunal. When the matter was taken up before the Tribunal, a preliminary issue was framed as to whether domestic enquiry conducted is valid. The same was answered in favour of the management and the domestic enquiry was found to be valid and in accordance with the principles of natural justice. The Enquiry Officer was examined as M.W.I and Exs.M-1 to M-8 were marked.