JAGMAL SINGH Vs. PRESIDING OFFICER, INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) In the instant writ petition, petitioner has challenged the award passed by Labour Court dated 04.02.2013 (Annexure P/7).

(2.) Petitioner while working as an employee of the respondent-company, petitioner and three others were subjected to disciplinary proceedings on certain allegations relating to assaulting officers of the respondent-company. Arising out of those allegations, respondent-management proceeded to initiate joint disciplinary proceedings against all the four employees. Among four employees, two persons including the petitioner were dismissed from service. In respect of other two employees are concerned, they were awarded lesser punishment. Petitioner raised an industrial dispute before the Labour Court. Award was passed in favour of the petitioner. Consequently, respondent-management preferred a writ petition before this Court. CWP No. 4972 of 2001 was decided on 06.10.2009 while remanding the matter to the Labour Court. Thereafter, Labour Court passed a fresh order by which order of dismissal was upheld. Thus, the present writ petition.

(3.) Learned counsel for the petitioner submitted that petitioner and three others were subjected to joint enquiry and it was concluded in dismissing two employees (including the petitioner). In respect of other two employees are concerned, they were imposed lesser punishment than the dismissal. Learned counsel further submitted that there is discrimination in imposing penalty among the employees. Inquiring Officer has not given finding on each individual's role in respect of alleged charge. That apart there is no discussion of evidence to what extent alleged charge got proved. The Labour Court failed to appreciate these issues while deciding reference when one of the issue is "whether the domestic inquiry held by the management is proper or not?" Therefore, award passed by the Labour Court is liable to be set aside.