SUBHASH GUPTA Vs. MANAGING DIRECTOR

JUDGEMENT

(1.) Challenge made in this writ appeal is to the order dated 27.11.2007 passed in Writ Petition. Petitioner was dismissed from service on account of serious mis-conduct of misbehavior and hurling abuses upon his senior officers.

(2.) Application filed by the petitioner before Labour Court was dismissed vide order dated 19.4.2006. The Labour Court has recorded the finding upon due appreciation of evidence on record, that the charges levelled against the petitioner were serious in nature and found proved. In appeal before the Industrial Court, the Industrial Court did not interfere with the finding as regards misconduct. However, modified the order of punishment with the imposition of fine of Rs. 7,000/- and set aside the order of dismissal but without back wages.

(3.) The learned Single Judge upon perusal of the order passed by the Labour Court and the Industrial Court, found no jurisdictional error or patent illegality or perversity in orders passed by both the Courts below and did, therefore not interfere with the 1finding of facts in exercise of power of superintendence under Article 227 of the Constitutional of India.