LAWS(HPH)-2012-7-57

SATISH KUMAR Vs. ASSOCIATED CEMENT COMPANIES LTD

Decided On July 03, 2012
SATISH KUMAR Appellant
V/S
ASSOCIATED CEMENT COMPANIES LTD Respondents

JUDGEMENT

(1.) THE present petition is directed against the award dated 29.05.2007, rendered by the learned Labour Court-Cum- Industrial Tribunal, Dharamshala, District Kangra, H.P. in Reference No. 55/1999 (RBT No. 191/04).

(2.) MATERIAL facts necessary for adjudication of this petition are that the petitioner was appointed as a Mazdoor in the respondent-Company in 1986. He was served with a charge-sheet on 04.01.1995. He filed reply to the same vide Annexure R-1. The inquiry officer was appointed. Petitioner has requested the Management that since the criminal proceedings are pending against him, the departmental proceedings be deferred. Initially, the petitioner did not participate in the departmental proceedings. Notice was issued to him in the daily Edition of newspaper 'Jansatta' on 27.02.1995. Thereafter, the petitioner appeared before the inquiry officer on 3.3.1995. The inquiry officer submitted the report to the disciplinary authority. The copy of the inquiry report, as per the record, was also sent to the petitioner by way of registered A.D. post on 19.08.1995 and the same was received by him on 26.08.1995. The petitioner was dismissed from service vide office order dated 31.08.1995. He raised an industrial dispute against the order dated 31.08.1995. The State Government sent the following reference to the learned Labour Court-Cum-Industrial Tribunal, Dharamshala, District Kangra, H.P.:

(3.) PETITIONER has appeared as PW-1 and on behalf of the Management RW-1, Shri Shembavnekar, RW-2 and RW-3 have also appeared. Learned Labour Court-Cum-Industrial Tribunal, Dharamshala, District Kangra, H.P. dismissed the claim petition on 29.05.2007.