NEW INDIA ASSURANCE CO LTD Vs. CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, CHANDIGARH AND ANOTHER

JUDGEMENT

(1.) Respondent No. 2 was inducted into service of the New India Assurance Company Limited as an Assistant (Clerical) on 27.12.1988. During the course of his employment, a memorandum of charges was issued to him on 28.4.1994. Statement of allegations/imputation of misconduct incorporated in the memorandum of charges is extracted hereunder :-

(2.) Finding the reply of the respondent No. 2 unsatisfactory, an Enquiry Officer was appointed to conduct a regular departmental enquiry. On the culmination of the aforesaid enquiry, the Enquiry Officer submitted his report dated 1.10.1994. The allegations levelled against respondent No. 2 were found to have been proved. The competent authority then inflicted the punishment of removal from service on him vide order dated 4.1.1995. The appeal preferred by the respondent No. 2 impugning the order of punishment inflicted upon him was, however, dismissed vide order dated 4.5.1995.

(3.) Dissatisfied with the punishment inflicted upon him, respondent No. 2 raised an industrial dispute under the Industrial Disputes Act, 1947 (hereinafter referred to as "the Act"). The State Government referred the dispute raised by respondent No. 2 for adjudication on 30.12.1996. Before the Labour Court, the respondent-workman pleaded that he was suffering from M.D.P.(mania). On 22.2.1994 he was not fit and aware of what had transpired. It was further submitted that he remained under treatment of Dr. Kala Nursing Home with effect from 22.2.1994 to 14.3.1994. The Labour Court having examined the proceedings of the departmental enquiry arrived at the conclusion that the same were in consonance with law. It, however, arrived at the conclusion that at the time when the delinquency mentioned in the charge sheet occurred, respondent No. 2 was not mentally fit and as such, the allegations levelled against him may not have been intentional. As such, the Labour Court in exercise of Letters powers vested in it under Section 11-A of the Act, felt the expediency of reducing the punishment of removal from service into, stoppage of five increments for one year and payment of 50% back wages but with continuity of service and all attendant benefits. The award passed by the Labour Court on 22.1.2003 was assailed by the New India Assurance Company Limited i.e. appellant by filing Civil Writ Petition No. 8814 of 2003. The writ petition filed by the New India Assurance Company Limited was, however, dismissed by a learned Single Judge of this Court vide an order dated 20.11.2008.