SHANKARLAL CHOURASIA Vs. MANAGING DIRECTOR

JUDGEMENT

(1.) THIS petition, at the instance of employee, is filed against the order dated 17.04.2006 passed by the Labour Court, Mandsaur in Case No.25/MPIR/2001 and against the order dated 11.10.2007 passed by the Member Judge, Industrial Court, Indore in Appeal No.303/MPIR/2006 and in CrossAppeal No.328/MPIR/2006.

(2.) BRIEF facts necessary for disposal of this writ petition are that the petitioner was working on the post of Choukidar with the Respondent � M. P. State Agro Industries Development Corporation Ltd. As he was found involved in misconduct dated 23.04.1999, a domestic enquiry was conducted against him. In the enquiry, he was found guilty and as such he was dismissed from service. For the incident dated 23.04.1999, a criminal case for offences under Sections 332, 294 and 506 (B) of the IPC was also registered against him.

(3.) SHRI S.H.Moyal, learned counsel appearing for the petitioner argued that the learned Labour Court had rightly held that the petitioner was guilty of only minor misconduct and not major misconduct and had rightly directed reinstatement. He argued that the Industrial Court has committed error in interfering in the said finding of the Labour Court holding the petitioner guilty of only a minor misconduct and thereby committed an error apparent on the face of record in holding the petitioner to be guilty of major misconduct.