DOMAN SINGH VERMA Vs. STATE INDUSTRIAL COURT

JUDGEMENT

(1.) BY this writ petition filed under Art. 227 of the Constitution of India, petitioner (hereinafter referred to as the employee) seeks quashing of the order dated 22.2.1995 passed by the Industrial Court in appeal, whereby after setting aside the order of the Labour Court of reinstatement and payment of backwages, remitted the matter back to him for giving opportunity to the employer as also the employee to adduce evidence on the question of misconduct.

(2.) SHORN of unnecessary details, facts giving rise to the present writ petition are that the employee filed an application under Sec. 31 (3) of the M.P. Industrial Relations Act making a grievance, that without any domestic inquiry and without any order, his service has been terminated with effect from 1.10.88. According to the employee he was appointed in Bhilai Steel Plant (hereinafter referred to as the employer) as NMR Mazdoor on 28.9.87 and was getting Rs.18.70/ - per day as wage. According to him he worked upto 30th September. 1988 and he was orally told that he shall not be taken on job from 1.10.88 but no order terminating his service was passed.

(3.) THE Labour Court on analysis held that in the absence of inquiry regarding the alleged misconduct of the employee, order of termination is bad. The Labour Court further found that as the employer has not issued any order of termination, it cannot be allowed to adduce evidence in the Labour Court to prove the misconduct. Accordingly, the Labour Court held that the termination of service of the employee is bad in law and consequently directed for his reinstatement in service with full backwages.