BRUNDABAN CHANDRA MISHRA Vs. PRESIDING OFFICER LABOUR COURT

JUDGEMENT

(1.) THE prayer in this writ petition is for issuance of an appropriate writ, direction or order quashing the award dated 16.12.1993 (Annexure -6) passed by the Presiding Officer, Labour Court, Bhubaneswar in I.C. Case No. 36 of 1990 upholding the departmental enquiry held against the petitioner and affirming the punishment of reduction of basic pay from Rs. 470/ - per month to Rs. 358/ - per month to be legal and justified.

(2.) ADMITTEDLY , the petitioner was a driver in the employment of opposite party No. 2. On 9.7.1985 a charge -sheet was served on him containing the following charges :

(3.) A counter affidavit has been filed by opp. party No. 2 opposing the writ petition. The case of opp. party No. 2 is that the reports submitted by the petitioner were false as during the routine check up of the vehicle, no defect was detected and, as such, the proceedings were rightly initiated against the petitioner. It is further averred that the inquiry was properly conducted by the disciplinary authority in terms of the certified standing order and that in the inquiry, due opportunity was granted to the petitioner to put forward his case. The averment that the petitioner was not permitted to cross -examine the witnesses, has also been denied. Accordingly, it has been submitted that principle of natural justice was strictly adhered to and on a finding that the petitioner was guilty of charge Nos. 2 and 3 punishment was imposed which does not call for any interference in this proceeding.