ASTI RAM KALITA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. PK Roy, learned counsel for the petitioner. Also heard Mr. LP Sarma, learned counsel for the Assam State Warehousing Corporation (for short, ASWC) and Mr. MR Adhikary, learned counsel for respondent No.1.

(2.) The petitioner is employed as a Lower Division Assistant (for short, LDA) in the ASWC and he is also the General Secretary of the Assam State Warehousing Employees Union, which is a registered union under the Trade Union Act, 1962. Being the General Secretary of a registered trade union, the petitioner is entitled to certain rights and privileges as may be provided under the Trade Union Act of 1962. Therefore, his conduct as an employee of the Corporation is also to be looked into from the said point of view.

(3.) In course of his employment, the petitioner was issued a show cause notice dated 08.06.2010 which contained 5(five) different charges. The charge No.1 was that while the petitioner was working as an LDA in the Corporation, he had attended a meeting of the Karnadhar Samity on 07.05.2010 at about 5.30 P.M., in the Union's Office and that in the said meeting an unauthorized resolution was adopted bringing certain fictitious and baseless allegation against the Managing Director of the Corporation. It is also stated in the charge that in the meeting the petitioner had expressed certain dissatisfaction in the functioning of the Managing Director.