PULAK BORTHAKUR Vs. MANAGEMENT OF DUFFLATING TEA ESTATE

JUDGEMENT

(1.) Heard on admission.

(2.) This intra court appeal is directed against the order dated 19.8.2015 passed by the learned Single Judge of this High Court whereby he has dismissed appellant's WP(C) No.1855/2008 and affirmed the award passed by the Industrial Tribunal. The appellant is espousing the cause of Pulak Chandra Borthakur of the Dufflating Tea Estate. Pulak Chandra Borthakur was serving as Garden Clerk under Dufflating Tea Estate. He was dismissed from service on 6.11.2001 after domestic enquiry by the management. The charges framed against him were of misappropriation of amount and that paid excessive wages to different employees by making false entries in the record. An industrial dispute was raised by the Trade Union which was referred for adjudication before the Industrial Tribunal, Dibrugarh. The Tribunal vide award dated 29.6.2007 upheld the dismissal of Pulak Chandra Borthakur. Aggrieved, Pulak Chandra Borthakur filed WP(C) No.1855/2008 which the learned Single Judge has dismissed by the impugned order.

(3.) At no stage, Pulak Chandra Borthakur could show that domestic enquiry was improper or charges against him were not proved or findings regarding charges were perverse. The Tribunal as well as learned Single Judge have therefore rightly upheld the dismissal of Pulak Chandra Borthakur. The findings arrived at by the Tribunal and the learned Single Judge are well -founded and unassailable.