KALI KANT JHA Vs. BIRLA TEXTILE MILLS

JUDGEMENT

(1.) Instant petition has been instituted assailing order, dated 7th January, 2008, passed by H.P. Industrial TribunalcumLabour Court, Shimla (for short "Labour Court") whereby Application No. 48 of 2004 preferred by employerrespondent under Section 33 (2) (b) of Industrial Disputes Act, 1947 (for short "ID Act") for approval of dismissal of petitioner herein with effect from 10th June, 2004 after completion of domestic inquiry against him, upholding the findings of management of respondentCompany qua dismissal of the petitioner has been allowed (for short "impugned order") .

(2.) Petitioner had been working as a workman with respondentCompany since 23rd June, 1988. On 23rd February, 2004, he was served with a charge sheet alleging therein that during 4th February, 2004 to 9th February, 2004, he made wrong entries regarding working hours of tractor engaged for collecting husk resulting into undue benefit to the tractor owner and undue loss of ten hours fifteen minutes to the respondentCompany. It was further alleged that on 21st February, 2004, when Mechanical Engineer and General Manager (Engineer) enquired from him in that regard, he misbehaved with them and when he produced register on their asking, wherein working hours of tractor were recorded, it was found that he had torn entries of relevant period in the said register and it was committed by him to save himself. Lastly, it was alleged that he was in habit of making such entries, in which regard the company was having sufficient proof. Considering the act of petitioner a serious misconduct under Standing Orders, petitioner was suspended with immediate effect during the inquiry with a direction to file response to the charge sheet within 48 hours.

(3.) Petitioner filed response on 24th February, 2004, refuting the allegations of charge sheet stating therein that charge sheet was without any basis and far from truth. It was further stated that no documents had been supplied alongwith charge sheet, which is against principle of natural justice and it was not possible to submit clarification to the charge sheet for want of relevant documents.