B N K JAIN Vs. LABOUR COURT HYDERABAD

JUDGEMENT

(1.) In this writ petition, the petitioner questions the Award of the Labour Court upholding the order passed by the 2nd respondent discharging him from service.

(2.) The facts of the case may be briefly stated as follows:The petitioner was employed as Master Technical Assistant in the establishment of the 2nd respondent. On 4-7-1986 a charge sheet was issued to the petitioner containing a charge that he has stolen two numbers of vernier calipers belonging to BDL., and on 2-7-1986 he handed over the same to Sri Mehtab Roy after taking them out from the locker at about 17-20 hours at Dabba Canteen with a view to commit theft. A similar charge-sheet was also issued to the said Mehtab Roy, The petitioner submitted his explanation to the charge-sheet on 7-7-1986 denying the said charge. An Enquiry Officer was appointed to hold an enquiry. The Enquiry Officer submitted his report on 6-8-1986 holding that the charge of theft is not proved. He, however, gave a finding that the petitioner was found possessing/transferring a vernier calipers belonging to BDL., unauthorisedly without any valid gate pass. Thereupon a show-cause notice was issued to the petitioner on 1-9-1986 requiring him to show-cause why the punishment of removal from service should not be imposed on him. The petitioner submitted his explanation to the show-cause notice on 3-9-1986. After considering the explanation of the petitioner, the order discharging him from service was passed on 24-9-1986. A similar order of discharge was also passed against the other employee-Mehtab Roy on the same day. Questioning the order of discharge, the petitioner filed Writ Petition No-13897 of 1986; whereas the said Mehtab Roy filed Writ Petition No.14173 of 1986. The Writ Petition filed by the petitioner was disposed of on 27-8-1987 directing the petitioner to raise an industrial dispute. The Writ Petition filed by Mehtab Roy was, however, allowed on 19-8-1988 quashing the order of discharge. Writ Appeal No.1693 of 1988 filed by the Management against the said order was dismissed on 4-7-1994. The Management carried the matter to the Supreme Court, which by order dated 24-8-1995 modified the order to the extent of allowing the back wages to Mehlab Roy from the date of the High Court's order i.e., 19-8-1988 only, instead of from the date of discharge.

(3.) Pursuant to the direction of this Court in Writ Petition No.13897 of 1986 the petitioner herein filed ID No.474 of 1987 on the file of the Labour Court, Hyderabad. The Labour Court by the impugned Award dated 17-4-1990 upheld the order of discharge passed against the petitioner. Hence, this Writ Petition.