INDER PARSAD Vs. FRICK INDIA LIMITED AND ANOTHER

JUDGEMENT

(1.) By the impugned award of the Labour Court dated 14.1.1998 the workman's prayer for rendering the order of termination made pursuant to a domestic enquiry was rejected. The Labour Court found that he was not entitled to reinstatement or any other amount except the amount of Rs. 10,000/-. It is this manner of disposal of the reference that is challenged in the writ petition before this Court by the workman.

(2.) A domestic enquiry had been constituted on two charges namely that the workman stopped two staff members Mr. S.N. Pal, the General Manager and Mr. Manohar Lal and other Officers from entering the factory on 22.7.1998 when there was a gate meeting of the workers outside the factory. He was also reported to have used foul language and caused physical assaults on both officers. The other charge was that on 27.3.1989 he had come to the factory to participate in a domestic enquiry held against him and since the enquiry officer had not arrived he was loitering inside the factory and misbehaved with the Security Officer Kartar Singh by catching hold by his neck with both hands and strangulating him. There was one Roop Singh who bore actual witness to the incident.

(3.) Two domestic enquiries were held for these two instances. The Labour Court found that the enquiry had not been held properly and by an interim order found that it was not fair and proper. The Management sought to prove the misconduct by seeking to amend the reply bringing in more facts and also proving the misconduct by evidence before the Labour Court.