GANESH CHANDRA SAHA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has challenged the order dated 19th January, 1985 passed by the learned Judge, Seventh Industrial Tribunal, W.B. in case No. 12 of 1980 under section 33(2) (b) Industrial Disputes Act. The facts of the case are as follows :

(2.) In October 1974 the petitioner Ganesh Ch. Saha was appointed as a security guard by the Divisional Manager (Personnel), Indian Tourism Development Corporation and was posted at Airport Hotel, Dum Dum, Calcutta. In the year 1979 the petitioner was selected and given a substantive appointment in the post of Security Inspector by the respondent No. 2, the General Manager. Hotel Airport Ashok and since then till his dismissal the petitioner has been working as the Security Inspector under respondent No. 2.

(3.) It is petitioner's case that Sri Ashok Mukherjee, the General Secretary of the Union recognised by the management, in conspiracy with the Security Officer of the Airport Hotel, cooked up a story containing allegations against the petitioner on the basis of which the petitioner was suspended from service on and from 28th June, 1980 and thereafter a chargesheet was issued an 30th June, 1980. The charges were (i) Causing commotion in and around his quarter within the Hotel premises; (ii) Threatening his superior i.e. the Security Officer: (iii) Threatening Sri Ashok Mukherjee, the General Secretary of Union: (iv) Mala fide, false and baseless allegations against employees of the Establishment with a view to hide his own misconduct; (v) Lowering down the prestige and reputation of the Hotel; (vi) Leaving his work and work puce unauthorisedly at about 1.51 hours on 26/27th June, 1980 and remaining unauthorisedly absent on 27th June, 1980;