RAMJI DASS Vs. PRESIDING OFFICER, LABOUR COURT, AMBALA

JUDGEMENT

(1.) This order can conveniently dispose of two Civil Writ Petitions 12923 of 1992 and 447 of 1993 as they are both directed against the award of the Labour Court dated 8.4.1992 whereby termination of the services of the workman on the ground of misconduct was held to be justified but he was awarded compensation of Rs. 60,000/- on compassionate and humanitarian grounds. Civil Writ Petition 12923 of 1992 has been filed by the workman whereas other petition is by the management.

(2.) This case has a chequered history. Ramji Dass for short the workman) was working as a Painter with Hindustan Machine Tools Ltd. at Pinjore (hereinafter referred to as the management). It is alleged that on 21.11.1969 while leaving the premises of the management, the workman was searched and it was found that he was carrying white paint and thinner in his tiffin box. He is said to have tendered his resignation. Inspite of the resignation, the management served a charge sheet on the workman on 27.11.1969. A reply was filed to the charge sheet on 4.12.1969. The management informed the workman on 27.3.1970 that his resignation had been accepted. The workman challenged the factum of resignation and alleged that his services had been terminated. He raised an industrial dispute under Section 2-A of the Industrial Disputes Act, 1947 (hereinafter called the Act). The State Government referred the dispute for adjudication to the Presiding Officer, Labour Court-respondent. On receipt of notice from the Labour Court, the parties filed their statements of claim and from their pleadings the following two issues were framed :

(3.) Mr. Rajiv Atma Ram, learned counsel for the workman has raised two points for my consideration. He urged in the first place that the finding of the Labour Court to the effect that the termination of the workman was justified is perverse and that he is entitled to reinstatement. The second contention is that since the management had failed to hold an inquiry before terminating the services of the workman and its action was sought to be justified before the Labour Court for the first time in its award dated 8.4.1992, the workman was entitled to wages from the date of dismissal until final decision of the Labour Court. He has placed reliance on the judgments of the Supreme Court in Desh Raj Gupta v. Industrial Tribunal IV U.P. Lucknow and another, 1990 AIR(SC) 2174 (SC) and Gujarat Steel Tubes Ltd. etc. v. Gujarat Steel Tubes Mazdoor Sabha and others, 1980 AIR(SC) 1896