FIROJ MOHD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioner.

(2.) The petitioner is aggrieved against the order of punishment dated 19.8.2004 by which is services have been terminated on account of his remaining absent from duty for a long period, which his from 28.3.2003 till the domestic inquiry was conducted. The petitioner's representation against that was dismissed vide order Annex.A/15. Then the matter was referred to the labour court, upon which the petitioner appeared and contested the reference. However, the labour court in labour case no.70/2006 vide order dated 29.5.2007 declared the domestic inquiry to be legal then the petitioner raised industrial dispute upon which the matter was referred to the labour court, Bhilwara and labour court, Bhilwara vide award dated 23.5.2008 rejected the petitioner's claim.

(3.) Learned counsel for the petitioner vehemently submitted that no charge-sheet was served upon the petitioner and, therefore, all the proceedings vitiated. Learned counsel for the petitioner submits that mere issuance of charge-sheet is not sufficient and in support of his contention has relied upon the judgment of the Hon'ble Supreme Court delivered in the case of Union of India Vs. Dinanath Shantaram Karekar reported in AIR 1998 SC 2722 and the recent judgment of the Hon'ble Supreme Court delivered in the case of Union of India Vs. SP Singh reported in AIR 2008 SC 2445.