P K DAS Vs. PRESIDING OFFICER

JUDGEMENT

(1.) The appellant Shri P.K. Das has presented this Writ Appeal against the judgment and order dated 20.8,96 passed by the Hon'ble Single Judge in Civil Rule No, 1623/93,

(2.) A few facts which are necessary for the disposal of the appeal are as follows r The appellant was initially appointed as an employee of M/S Howrah Motor Company Ltd. and posted to work at Guwahati. It is stated that later on he resigned from this Company and joined M/S AMCO Batteries Ltd., Chatribari Road, Guwahati, respondent No.2, in the year 1971 as Senior Assistant. The appellant was served with a show cause notice asking to show cause as to why disciplinary action should not be taken against him as per Annexure-2. The allegation was that on 17.4.80 at about 9.40 a.m. the appellant used impolite language and abused the Depot Manager of the respondent company. Based upon this allegation a domestic enquiry was held. On completion of the said enquiry, an order of discharge was made on 25.11.80. since the appellant was a workman coming within the purview of the Industrial Disputes Act, 1947, hereinafter referred to as 'the Act', the Government of Assam by an order dated 31st July, 1981 referred the dispute to the Labour Court. Learned Presiding Officer of the Labour Court by order made on 16.5.84 took up the issue in relation to the domestic enquiry as to whether the enquiry was fair and proper as a preliminary one and by the order made by the Labour Court the issue was decided in favour of the management. During the course of the said order, the Labour court also considered whether the punishment of removal was justified in relation to Section 11-A of the Act, Finally, the Labour Court upheld the punishment order holding that in order to maintain discipline the removal of the appellant was justified. Therefore, learned Presiding Officer did not interfere with the order of the Tribunal.

(3.) Aggrieved by this order of the Labour Court, the appellant preferred Civil Rule No. 888/85 before this Court challenging the award of the Labour Court which was heard and disposed of by a Division Bench of this Court by an order made on 10th August, 1988. The Division Bench having gone through the facts and circumstances of the case and the questions of law including the findings of the Labour Court, held as follows :