V K VERMA Vs. HINDUSTAN MACHINE TOOLS LTD

JUDGEMENT

(1.) THE petitioner who was working as a Stenographer in the Hindustan Machine Tools Ltd. , Pinjore, respondent No. 1, was charge sheeted and ultimately dismissed from service vide order dated February 28, 1987. As a dispute between the petitioner and the Management was pending for adjudication under the Industrial Disputes Act, 1947, an application for approval of the action was filed by the respondent before the Industrial Tribunal, Faridabad. Ultimately, the case was transferred to the Presiding Officer, Labour Court, Ambala. Vide order dated March 23, 1992, the Court accepted the application of the respondent Management and approved the order of the dismissal of the petitioner-workman. Aggrieved by this action, the petitioner has approached this Court through the present writ petition. A few facts may be noticed.

(2.) THE petitioner was charge-sheeted by the Management for certain acts of omission like absence from duty which allegedly amounted to misconduct under the Standing Orders. The petitioner submitted his reply. The respondent was not satisfied with the petitioner's explanation. A regular enquiry was ordered against him. Mr. A. S. Kahlon, Personnel Officer (E), was appointed as the Enquiry Officer. Shri G. S. Kandelwal, Deputy Controller of Accounts was appointed as the Presenting Officer. The Enquiry Officer submitted his report on November 11, 1985. The charges were found to have been proved. The competent authority found that the petitioner deserved to be dismissed from service. However, since certain proceedings under the Industrial Disputes Act were pending before the Indus trial Tribunal, Faridabad, itwas considered necessary to obtain approval as envisaged under Section 33 (2) (b) of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act' ). The order of dismissal dated February 28, 1987 along with a Pay Order for an amount of Rs. 1327. 10 representing one month's wages was forwarded to the petitioner. A copy of this letter has been produced as Annexure P-1. Since the petitioner refused to accept the letter and the Pay Order personally, it was sent to him by post Simultaneously, an application was sent to the Industrial Tribunal, Faridabad for approval.

(3.) THE application of the respondent-Management was opposed by the petitioner. Various objections were raised. The Tribunal framed the following issues:-1. Whether the permission sought by the Management should be granted? OPM 2. Whether the enquiry is vitiated for the reasons stated in the reply? OPW 3. Relief.