ANALA KONDALA RAO Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner in this application under Articles 226 and 227 of the Constitution of India seeks to quash the order (Annexure 6) passed by opposite party No. 1 the State of Orissa refusing to make a reference under Section 12 (5) of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act), and Annexure 3 wherein he has been found guilty of the charges levelled against him.

(2.) THE petitioner was appointed as a typist; in the Orissa Forest Corporation Ltd. and posted in the office of the Divisional Manager, Jeypore. Subsequently he was promoted to the post of Assistant Accountant in January, 1967. He continued as such till 13-7-1970 when he was suspended and charge-sheeted on several allegations of misconduct. Breach of trust connivance with ulterior motive, negligence in duties, etc. The explanation of the petitioner in respect of the charges were found not satisfactory. Accordingly one Shri N. Choudhury Sub-divisional Manager, Vijayalaxmi Saw Mill, Umiri was appointed as Enquiring Officer to probe into the matter. It was a domestic inquiry wherein the petitioner was found guilty of the charges (Annexure D ). The management on consideration of the finding of the Enquiring Officer and after giving the petitioner a second show cause notice (Annexure |e) terminated the services of the petitioner and forefeited his security deposit in terms of employment (Annexure 3 ).

(3.) THEREAFTER, the Orissa Forest Corporation Employees' Association, Jeypore appears to have espoused the cause of the petitioner and raised an industrial dispute before the conciliation officer, Jeypore. This ended in a failure and a report under Section 12 (4) of the Act was submitted to Government which on consideration of the relevant materials was satisfied that there was no cause for reference of the dispute for adjudication and accordingly passed the impugned order (Annexure 6 ).