PUNJAB DIGITAL INDS. SYSTEM LTD Vs. PRESIDING OFFICER

JUDGEMENT

(1.) THE relevant facts for the disposal of this petition are that respondent No. 2 was appointed as Chowkidar on daily wages by the petitioner Company (hereinafter called 'the Management') on 27.6.1978. Thereafter, the respondent No. 2 was appointed as Helper on probation for one year on 27.7.1979 and was confirmed in service on 21.6.1982. The respondent was redesignated as Assistant II (Stores) vide letter dated 7.6.1986. The Management issued a show cause notice to explain the work and conduct to the respondent on 3.12.1986. His annual increment was withheld for six months. The Management served charge-sheet dated 16.6.1990 against respondent No. 2 on various charges of misconduct levelled against him. Another charge sheet was issued on 16.3.1991, for remaining absent from duty without permission from 18.5.1990 onwards. Respondent No. 2 filed reply which was found unsatisfactory. Regular departmental enquiry was conducted against respondent No. 2. Respondent No. 2 was duly served but he refused to join the proceedings. The Management found guilty to the charge. After submitting the enquiry report by the Enquiry Officer, the Management dismissed respondent No. 2 from service vide letter dated 10.6.1991. Respondent No. 2 raised an industrial dispute and the matter was referred to the Labour Court, Patiala for adjudication by the appropriate government.

(2.) THE Management appeared and contested the reference. On the pleadings of the parties, following issues were framed :

(3.) AGGRIEVED by the order of the Presiding Officer, Labour Court dated 15.6.2001, the present revision petition has been filed.