LARSEN & TOUBRO LTD. Vs. PRESIDING OFFICER, INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-I, FARIDABAD AND ANOTHER

JUDGEMENT

(1.) C .M. No. 2793 of 2009

(2.) IN C.W.P. No. 9431 of 2001, D.K. Goel, workman -respondent No. 2 was appointed on 251 -1983 as S2 Grade and was getting Rs. 2000 as his last drawn wages. He was promoted vide letter dated 17.5.1990 in S3 Grade and was the President of Larsen & Toubro Employees' Association i.e. Trade Union. He was suspended on 15.6.1990 and, thereafter, charge -sheeted on 21.6.1990. An Inquiry Officer was appointed on 22.8.1990 and the enquiry report was finally submitted on 5.7.1993. Thereafter, he was dismissed from service vide order dated 5.1.1994. A demand notice dated 4.3.1994 was submitted by the workman, to which reply was filed by the Management on 19.4.1994 and on failure of the conciliation proceedings, reference of the dispute was made on 22.11.1994. The following issues were framed by the Labour Court: -

(3.) IN C.W.P. No. 9621 of 2001, respondent No. 2 workman Tilak Raj Bhardwaj was appointed on 31.5.1984 in S -2 Grade. He was elected as Secretary of the Workers' Union on 24.7.1990. He was suspended on 25.7.1990 and thereafter charge -sheeted on 30.7.1990. An enquiry was initiated against him and on submission of the enquiry report, the departmental proceedings concluded with an order of dismissal dated 18.6.1993. A demand notice dated 3.8.1993 was served on the Management and the Management submitted its reply on 3.9.1993. On failure of the conciliation proceedings, the matter was referred to the Labour Court on 6.4.1995. On the basis of the pleadings, the following issues were framed by the Labour Court: -