ORISSA POWER GENERATION CORPORATION LTD. Vs. CONCILIATION OFFICER-CUM-ASST.LABOUR COMMISSIONER, BHUBANESWAR

JUDGEMENT

(1.) HEARD . Annexure -1, the order, is under challenge. Petitioner is the employer and opposite party No.2 is the employee. The employer charged opposite party No.2 for certain mis -conduct and after filing the show -cause reply the employer took note of admission charges by opposite party No.2. After issuing second show -cause notice proposing measure punishment, the employer terminated the service of the opposite party No.2 on the ground of admission of charge and gravity of the misconduct. Then dispute being pending with the Assistant Labour Commissioner, Bhubaneswar for conciliation application under Section 33 (2)(b) of the Industrial Disputes Act was filed by the opposite party No.1 seeking approval of order of termination. Admitting that application, the Assistant Labour Commissioner issued notice to both the parties for enquiry. The opposite party No.2 filed his written statement. Petitioner did not file any written statement since it had applied for approval of the punishment. The Assistant Labour Commissioner thereafter passed the following consequential order :

(2.) MR . Nanda, learned counsel for the petitioner argues that filing of written statement by the Management was not necessary and the grounds taken in the application for approval supported by document should have been considered by the Assistant Labour Commissioner before deriving any conclusion and at best the procedure for enquiry should have been resorted to before passing the impugned order. Learned counsel for opposite party No.2 however supports the impugned order. Learned Additional Government Advocate finds it difficulty to appreciate the approach of the Assistant Labour Commissioner.

(3.) UNDER such circumstance, we quash the order, Annexure -1, and remand the matter to the Assistant Labour Commissioner for fresh enquiry and disposal of the case in accordance with law. The Assistant Labour Commissioner shall bear in mind that we have expressed no opinion on the merit of the case of either of the parties and he is to decide the same strictly in accordance with law and on the basis of the facts and evidence available to him but such matter should be decided expeditiously and as far as practicable within a period of two months from the date of receipt of a copy of this order.