CH. NAGENDRA NATH MISHRA Vs. TATA REFRACTORIES LTD.

JUDGEMENT

(1.) THE petitioner -workman has filed OJC No.1175 of 2001 and M/s. Tata Refractories Ltd., hereinafter referred to as the Management, has filed W.P.(C) No. 5067 of 2003 assailing the award passed on 22.11.2000 by the learned Presiding Officer, Labour Court, Bhubaneswar in I.D. Case No.97 of 1992, upholding the dismissal of the petitioner by the management.

(2.) THE facts leading for filing of this writ petition before this Court may be briefly summarized as follows: - The Government of Odisha in Labour and Employment Department referred the dispute between the Resident Director, M/s. Tata Refractories Ltd., Belpahar and its workman Dr. Ch. N.N. Mishra to determine if the dismissal of the Workman by the Management is legal and/or justified? If not to what relief Dr. Mishra is entitled?

(3.) AFTER acquittal of the petitioner in the criminal case and on his release from jail, he submitted a joining report in his letter dated 27.04.1990. In reply to the sand letter, the management intimated the petitioner that his services have been terminated with effect from 16.02.1985 as per the provisions contained in Clause XXIX and (i) of 21 of the Standing Order of the company for his continuous absence from duty from 05.11.1984. It is contended by the petitioner that the action of the management is illegal, arbitrary, mala fide and unsustainable in law as the same is in utter violation of tt1e principle of natural justice. According to the petitioner, no charges were framed against the petitioner nor there was any enquiry into the allegations and no opportunity of hearing was given to the workman and the action of the management was bad in law and is liable to be set aside. He also contends that though he was convicted by the Sessions Court, he was acquitted by the High Court and, therefore, he should be reinstated in service along with full back wages and continuity of service.