UNION OF INDIA Vs. PREM NARAYAN

JUDGEMENT

(1.) Heard.

(2.) Challenge in this petition is made to an order passed by the Central Government Industrial Tribunal-Cum-Labour Court, Jabalpur, in a dispute referred to it for adjudication under Section 10 of the Industrial Disputes Act, 1947. Respondent-Prem Narayan was working as a Chowkidar in the Establishment of West Central Railway, Bhopal. On account of unauthorized absence for a period of 5 months from 21.08.1985 to 29.01.1986 a charge-sheet has been issued to him. A departmental inquiry has been conducted and based on the basis of a finding recorded in the departmental enquiry he was dismissed from service.

(3.) He raised a dispute and failing conciliation the same was referred for adjudication to the Tribunal in question. The Tribunal framed various issues and decided the issue of validity of the departmental enquiry conducted by the department and the findings of the enquiry in the affirmative in favour of the employee but interfered with a punishment imposed exercising powers under Section 11(A) of Industrial Disputes Act, 1947 and therefore this writ petition by the employer. Smt. Amrit Ruprah, learned counsel for the petitioner, argues that once the enquiry conducted against the workman is found to be legal and proper and the finding of guilty recorded by the enquiry officer to be correct then for the proved misconduct the action taken by the Railway Administration could not be interfered with and by interfering with the punishment imposed, it is said that an error has been committed.