AKALI CHAMAR Vs. GENERAL MANAGER

JUDGEMENT

(1.) Challenge in the present appeal is to an order passed by the learned Single Bench on 28.6.2010 in Writ Petition No.7427/2007, whereby the dismissal of service of the appellant after conducting a domestic enquiry on 4.10.1984 was not interfered with.

(2.) The appellant was subjected to a domestic enquiry on account of his misbehaviour and altercation with the Manager of his employer. After conducting of a regular domestic enquiry, he was dismissed from the service on 4.10.1984. An Industrial Dispute was raised by the appellant against his dismissal, which remained unsuccessful vide Award dated 28.2.1990. It was held that the domestic enquiry and the punishment imposed were proper and legal.

(3.) In addition to the domestic enquiry, the department also started criminal proceedings for the offences under Sections 294 , 332 and 506-B of the IPC. The appellant was acquitted by the criminal Court on 27.11.1996. After the acquittal, the appellant sought reinstatement and submitted a representation. Since representation was not decided, the appellant filed a writ petition which was withdrawn on 1.9.1999. It is thereafter, the appellant sought to raise another Industrial Dispute which was refused by the appropriate Government on 30.10.2006 on the ground that termination of the appellant has been upheld by the Industrial Tribunal vide Award dated 28.2.1990. It is thereafter, against an order to decline to refer the dispute to the Labour Court, a writ petition was filed which has been dismissed vide order impugned in the present appeal.