CHAND MAHAMMAD Vs. INDIAN OIL CORPORATION

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution of India assailing the award dated 9th May, 1994, passed by the Presiding Officer, Industrial Tribunal, Guwahati in Reference No. 3(C) /88.

(2.) The petitioner, Md. Chand Mahammad, was intially appointed as messenger by the respondent No.2, vide its order dated 13/22/79. Pursuant to the said appointment letter, the petitioner joined in his service on 23.1.79, and he was posted in the Material Department. By order dated 16.9.81, the petitioner was placed under suspension and thereafter a charge sheet was issued to the petitioner for his alleged miisconduct vide his charge sheet dated 16.9.81, relevant portion of which reads as follows :

(3.) A domestic enquiry was conducted and after conclusion of the domestic enquiry, the enquiry officer found the workman guilty of the misconduct under clauses 18 (IV) and 18 (xxi) of the certified Standing Orders. The management accepted the enquiry report and dismissed the workman from service with effect from 16.7.82, vide office order No. MTM/8 dated 16th July, 1982. The workman raised an industrial dispute and in due course, the Govt.of India by notification dated 10.2.87 bearing No. L.30012/14/85. D. III(B), referred the industrial dispute between the Management of Guwahati Refinery, Indian Oil Corporation and its workman under Section 10 (1) (d) and sub-section (2A) of the Industrial Disputes Act for adjudication on the following issue :