LAXMAN SAHU Vs. INDUSTRIAL TRIBUNAL CUM- LABOUR COURT

JUDGEMENT

(1.) THE award of the Labour Court terminating the services of a workman is challenged by him in the writ petition. The termination by the management resulted after an enquiry constituted for alleged misconduct and on the findings returned by the Enquiry Officer that the charges had been proved, the Disciplinary Authority accepted the findings and visited the workman with punishment of removal from service.

(2.) ON a reference to the Labour Court, when the workman assailed the decision of the management, the Labour Court examined the issue whether the enquiry had been fair and proper. The workman had complained that even the enquiry report had not been furnished to him and there was a very serious prejudice caused by the fact that his 12 years of unblemished service had not been taken note of. He had been given no opportunity to impress on the management that he could not have been justifiably terminated from service. The Labour Court agreed with the workman's contention that the fact that the enquiry report had not been furnished would have a significant bearing on the consideration regarding quantum of punishment. Hence he permitted the parties to adduce evidence from the stage at which the report had not been furnished and the ramification that it might have had on the quantum of punishment.

(3.) I am of the opinion that a case of removal from service for the charges attributed to the workman is too harsh. The interest of justice would be appropriately met if the workman, who was dismissed on 28.08.1993 and the award was passed on 02.04.1998, shall not be awarded any wages during the above period.