M P STATE ELECTRICITY BOARD Vs. JAGANNATH PILLAI

JUDGEMENT

(1.) This order will also govern the disposal of W.P. No. 7064/2009 as both the petitions have been filed against the same award. The facts for the purposes of this order are taken from W.P. No. 4011/2008.

(2.) This petition under Article 227 of the Constitution of India has been filed calling in question the order dated 28.01.2008 passed by the Presiding Officer, Industrial Court, Jabalpur in the appeal filed against the award of the Labour Court, Jabalpur dated 06.10.2007. Brief facts giving rise to filing of this petition are that the respondent was engaged as Security Guard in the establishment of the petitioners. The order of appointment was issued on 06.04.1983. The respondent was medically examined and was found fit, therefore, he was allowed the joining. The services of the respondent were found satisfactory, therefore, vide order dated 27.08.1996, he was granted senior pay scale as a Security Guard w.e.f. 01.04.1994, on completion of 9 years of service. The respondent was confirmed by an order dated 29.10.1997 w.e.f. 01.04.1997. After some time the service book of the respondent was verified and it was found that there was no character verification done at the relevant time. The respondent was asked to give the form of attestation in the year 2000. The said form duly filled in by respondent was sent for verification. Some sort of verification was done and a report was given on 05.03.2001. It was found that the offence was registered against the respondent way back in the year 1983 for certain offences under Sections 452, 323, 427,34, 302, 324, 148 and 149 of Indian Penal Code. A challan was filed against him. After the trial, the Sessions Judge found the respondent guilty of offence under Section 452 of IPC only and punished him with an imposition of fine of Rs.200/-. The said decision was given on 21.12.1990.

(3.) After receipt of the report from the competent authority of the police department a charge sheet was issued on 06.08.2002 and thereafter enquiry was conducted. The report was given and accepting the enquiry report, the order was passed on 03.01.2003, giving a show cause notice to the respondent, and ultimately the respondent was terminated from service on 23.06.2003. The respondent approached the Labour Court by making an application under Section 31 (3) read with Sections 61 and 64 (S) of the M.P. Industrial Relation Act, 1960. It was contended that the respondent had put in about 17 years of service throughout before the verification of his antecedents and his services were found most satisfactory. The respondent has not committed any such misconduct on account of which he could be removed from the post. It was contended that the enquiry was not to be initiated against the respondent as the same was barred by limitation as prescribed under Section 12 (6) (a) of the Standard Standing Orders. It is contended that in fact the charge sheet itself could not have been issued and as such the same was bad in law.