CANCER HOSPITAL AND RESEARCH INSTITUTE Vs. RAJVEER SINGH

JUDGEMENT

(1.) THIS petition is filed challenging the Award passed by the Presiding Officer of the Labour Court No. 1. Gwalior under the Industrial Disputes Act, on a reference by the appropriate Government under Section 10 of the Industrial Disputes Act, 1947 (hereinafter, referred to as the 'act' ).

(2.) RESPONDENT Rajveer Singh was appointed as a technician with the petitioner-institute. Respondent Rajveer Singh is an industrial workman who served between the period from November 16, 1981 to June 14, 1986. His services were satisfactory. On account of personal annoyance, the respondent was served with a charge-sheet on November 8, 1985. Thereafter, a domestic inquiry was conducted by Shri Chandra Shekhar Dixit, Advocate. It is alleged that Shri Chandra Shekhar Dixit, Advocate is a friend of founder Director of the petitioner-Institute. The respondent was removed from service on the basis of inquiry report. It was alleged that the domestic inquiry was conducted in a most unfair manner and the respoident-workman was not afforded an opportunity to lead evidence, and his termination from service is bad in law.

(3.) THE Presiding Officer found that the inquiry conducted by the Management is proper and there is no infirmity in the inquiry. After holding that the inquiry is proper, the Presiding Officer has proceeded to determine whether the quantum of punishment is adequate? The Presiding Officer found that the quantum of punishment is severe and is not commensurate with the nature of allegation levied against the respondent-workman. The Presiding Officer directed reinstatement of the respondent without back wages.