(1.) BY knocking the door of this Court under Articles 226 and 227 of the Constitution of India, the petitioner has assailed the pregnability of the order dated 20. 1. 2000 passed by Industrial Court Bench at Jabalpur in Appeal No. 457/mpir/98, copy of which has been placed on record as Annexure P/4.
(2.) THE unfolded facts are that on 21. 2. 1971 the petitioner was appointed on the post of O. A. Grade III. Later on in November, 1980 he was promoted to the post of O. A. Grade II where he served up to 17. 9. 1991. On 11. 12. 1991 he was subjected to the departmental enquiry and charge sheet was issued against him. The charges were in regard to the obtaining the amount of LTC as well as medical reimbursement of his parents though the parents were not dependent on him. After holding the departmental enquiry, vide Annexure P/1 dated 17. 9. 1991 the petitioner was punished by the order of reversion and he was reverted from O. A. Grade II to O. A. Grade III. Simultaneously it was also ordered to recover the amount of Rs. 19,569/- towards the amount of LTC and the medical reimbursement.
(3.) FEELING aggrieved by the impugned order of reversion (Annexure P/1), the petitioner submitted an application under Section 31 (3) read with Section 61 of the M. P. Industrial Relations Act, 1960 (in short 'the Act') before the Labour Court for the quashment of his reversion order Annexure P/1 dated 17. 9. 1991. In the Labour Court the petitioner challenged the validity of the departmental enquiry on several grounds and also pleaded that the order of the enquiry officer is based on perverse findings.