JAGDISH Vs. PRESIDING OFFICER LABOUR COURT

JUDGEMENT

(1.) This is an application by a workman to quash an order passed by the labour Court in Miscellaneous Case No. 6 of 1960, maintaining the order of the employer (respondent No. 2) dismissing the petitioner from service.

(2.) Mr. Ranen Roy for the petitioner-work man raised the following four contentions:--

(3.) Before discussing these points, I may briefly refer to certain admitted facts. On the 81st March 1960, specific charges of misconduct were framed against the petitioner and he was called upon to answer those charges and further informed that a departmental enquiry would be made on the 11th April, 1960, where he would be given full facilities to cross-examine the witnesses who might depose against him and also to adduce evidence on his behalf. He was also informed that he was suspended forthwith from duty pending enquiry (see Annexure A) The allegations of misconduct mentioned in the charges are of serious nature, including theft, fraud and dishonesty in respect of certain articles of the Company. A regular departmental enquiry was held against the workman and also against some other workman, and on the basis of the enquiry report the employer by his order dated the 18th May, 1960, (Annexure D), dismissed the petitioner from service with retrospective effect from the date of his suspension, namely the 31st March, 1960. An application was also made to the Labour. Court for approval of the order in pursuance of the proviso in Sub-section (2) of Section 33 of Ihe Act.