KOTALGOORIE TEA ESTATE Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B. Sharma, learned counsel for the petitioner and Ms. U. Das, learned Additional Senior Government Advocate for the respondent no.1 and Ms. A. Bhattacharyya, learned counsel for the respondent no.2.

(2.) By filing this writ petition, the petitioner has challenged the Award dtd. 9/8/2016 passed by the learned Labour Court, Dibrugarh in Reference Case No.5/2013, by which the petitioner was found to be not justified in dismissing the service of the respondent no.2 and was found to be entitled for reinstatement in service within 30 days from the date of the Award. Further, the period from the date of dismissal till his reinstatement was directed be treated as leave without pay and should count towards the length of service.

(3.) Brief facts essential for disposal of the instant writ petition is that according to the petitioner, the respondent no.2 on 30/5/2012 drove the school bus of the Management bearing registration no. AS-03/7483 in a most negligent manner causing it to dash against the main gate of the factory and grievously injuring the gate security personnel, who later succumbed to his injuries. Due to this, the Senior Manager of the petitioner company filed Charge-sheet dtd. 12/6/2012 against the respondent no.2 charging him for disrupting the normal working of the factory as well as the Manager's office for more than 2 hours with malafide intention, in addition causing the death of Late Basu Keot and that the said act if proved, would amount to gross misconduct on the part of the respondent no.2 as per clause 10(a)(1), clause 10(a)(10) and clause 10(a)(11) of the Standing Orders in force in the estate. A written explanation was therefore sought from the respondent no.2 as to why disciplinary action should not be initiated against him and he was suspended from duties with immediate effect until further orders.