MAHENDER SINGH Vs. PRESIDING JUDGE AND ANOTHER

JUDGEMENT

(1.) Instant petition has been instituted assailing order, dated 24th September, 2007, passed by H.P. Industrial TribunalcumLabour Court, Shimla (for short "Labour Court") whereby Application No. 47 of 2004 preferred by employerrespondent No. 2 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 respondent No. 2 Company qua dismissal of the petitioner has been allowed (for short "impugned order") .

(2.) Petitioner Had Been Working As A Workman With respondent No. 2Company since August, 2000. 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 respondent No. 2Company. 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 25Th February, 2004, refuting the allegations of charge sheet stating therein that charge sheet was false, concocted one, based on wrong information inspired by revengeful attitude and under a conspiracy to shunt out the petitioner. 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.