TAPAN KUMAR BHATTACHARYYA Vs. HINDUSTHAN MOTORS LIMITED

JUDGEMENT

(1.) This appeal has been filed by the workman impugning a judgment dated 12th March, 1998 passed by a learned Single Judge of this Court whereby His Lordship was pleased to quash an award dated 3rd October, 1991 which was passed in favour of the appellant.

(2.) The basic facts of the case are noted below.

(3.) The appellant was employed as a Mazdoor in Production Control Department [Car Press Shop] of the respondent M/s. Hindusthan Motors Limited [hereinafter referred to as said company]. It is alleged that while the appellant was working as a Mazdoor in the Car Press Shop section, it was reported that on 13th February, 1980 at about 10.40 p.m. the appellant allegedly assaulted one Sri Ramagya Jadav, General Supervisor of the Department with fists and blows and as a result of which the said supervisor became unconscious and had to be hospitalized. It was also alleged that by doing so the appellant had committed major misconduct under item numbers 1, 17 & 19 of the appendix "D" of the Certified Standing Orders of the said company. The appellant was asked to explain in writing within 48 hours why disciplinary action should not be taken against him. The appellant was immediately placed under suspension.