GENDALAL Vs. FACTORY MANAGER CHEMICAL

JUDGEMENT

(1.) THE petitioner by this petition under Article 227 of the Constitution of India challenges the order passed on January 28, 1982 by the Member Judge of the Industrial Court, M. P. Indore in Revision No. 464/mpir/1979, setting aside the order passed by the Labour Court,. Ujjain for reinstatement and backwages in a case under Section 61 of the M. P. Industrial Relations Act, read with Standing Orders No. 12 (i) P and 12 (1) q.

(2.) THE facts leading to this petition in short are that the petitioner was employed with respondent No. 1, The Gwalior Rayon and Silk Manufacturing (Weaving) Co. Ltd. (Chemical Division), Nagda as a permanent watchman. During the period of emergency the police wanted to know the whereabouts of another absconding employee Heeralal who was known to the petitioner. Therefore, the petitioner was arrested on September 10, 1976 under Section 151 Cr. P. C. and sent to jail. The petitioner sent application for leave to respondent No. 1 from Jail and also sent a letter to his father requesting him to apply for leave to respondent No. 1. Accordingly the father of the petitioner had also sent letter for grant of leave to respondent No. 1. On September 21, 1976 the petitioner was released on bail and on September 22, 1976 he reported for duty, but he was not allowed to join the duty till September 29, 1976 when acharge-sheet was given to him. The first charge was that he remained absent without leave on January 4, 1976, April 1, 1976, July 4, 1976, July 28, 1976 and August 4, 1976 and thus committed misconduct under Standing Order No. 12 (i) P. The second charge was for remaining absent without leave for more than 10 days from September 10, 1976 onwards and thus committing misconduct under Standing Order 12 (i)q. He filed a reply to the charge-sheet and after an enquiry the respondent No. 1 held both the charges proved against the petitioner and vide order dated October 18, 1976 discharged the petitioner from service.

(3.) THE petitioner approached the respondent No. 1 under Section 31 (3) of the M. P. I. R. Act, but in vain. He, therefore, filed an application before the Labour Court, Ujjain which was registered as Case No. 256 of 1977 challenging the enquiry and requesting the relief of setting aside the dismissal and payment of back wages. The Labour Court found that the enquiry was defective and vide order dated July 3, 1978 set aside the enquiry and afforded an opportunity to respondent No. 1 to prove the charge. Against this order respondent No. 1 filed Revision No. 458/mpip/78 in the Industrial Court. The Industrial Court held that the revision was not maintainable and rejected the same with, an observation that the respondent may reagitate this matter in a revision petition directed against the final order.