AYODHYA RAM Vs. EMPLOYER IN RELATION

JUDGEMENT

(1.) The petitioner has filed the instant writ application challenging the award made by the Presiding Officer of the Labour Court, Bokaro Steel City in reference Case No. 24 of 1975 dated 9 -5 -1983 (Annexure -18) whereby it has answered the reference in favour of the Management and against the petitioner holding that stopping of next two increments of the petitioner cannot be said to be illegal. The petitioner has also challenged the orders earlier passed by the Labour Court, Annexure -12, the order dated 26 -12 -1978 holding that the domestic enquiry held against the petitioner was fair and proper; Annexure -13 the order dated 3 -1 -1980 whereby the Labour Court refused to decide as a preliminary issue the question as to whether the appointment of Enquiry Committee was unauthorised and incompetent.

(2.) The facts not in dispute are that the petitioner was appointed vide letter dated 15/16 -9 -1967 as a Dresser in the General Hospital of the Bokaro Steel Plant. The letter of appointment is Annexure -1 to the writ application. By the aforesaid letter, the Bokaro Steel Limited offered the petitioner appointment to a post of Dresser in the Bokaro Steel Limited. The terms and conditions of service are also mentioned in the letter of appointment. The letter has been signed by the Personnel Officer "for Bokaro Steel Limited".) he petitioner worked in the Hospital for some time, but vide letter dated 19/20 -7 -1973 (Annexure -2), the Chief Medical Officer issued a charge -sheet against the petitioner enclosing the statement of allegations against him. The petitioner replied to the said allegations. Since his explanation was not found satisfactory, by order dated 31 -8 -1973 Annexure -3 the Chief Medical Officer constituted an Enquiry Committee to enquire into the charge levelled against the petitioner. The Enquiry Committee submitted its report on 2 -4 -1974 finding the petitioner guilty of the charges levelled against him. On the basis of the enquiry report submitted by the Enquiry Committee, the Personner Manager of Bokaro Steel Limited by his order dated 2 -5 -1947 (Annexure -5) imposed the punishment of stoppage of two increments of the petitioner with cumulative effect. The petitioner was aggrieved by the aforesaid order and raised a dispute. Ultimately, the Government of Bihar was pleased to refer the dispute for adjudication to the Labour Court, Bokaro Steel City. The dispute referred to the Labour Court was whether the stoppage of increments from 2nd May, 1972 with cumulative effect was proper and justified. If not, whether the petitioner was entitled to any relief.

(3.) The petitioner as well as the Management of Bokaro Steel Limited filed their respective written statements before the Labour Court and after considering the respective cases of the parties, the Labour Court by its impugned order dated 9 -5 -1983 upheld the action of the Management. The Labour Court earlier held by its order dated 26 -12 -1978 (Annexure -l2) that the domestic enquiry held by the Management into the charge of misconduct levelled against the petitioner was fair and proper.