UDYOG MANDIR AMER Vs. JUDGE LABOUR COURT RAJASTHAN

JUDGEMENT

(1.) M/s. Udyog Mandir, Amer. which is a registered society under the Societies Registration Act, has filed this writ petition under Art. 226 of the Constitution to challenge the award of the Labour Court, Rajasthan, Jaipur dated 28th of January, 1970, inter alia, on the ground that after the Labour Court came to the conclusion that the employee of the society Shri Narain Kumar Shastri was guilty of serious charges of misconduct, the labour Court was not competent to order the payment of back wages to the workman when the order of termination of service was ultimately approved by it,

(2.) THE facts giving rise to this writ petition are as follows : Shri Narain Kumar Shastri was employed by the petitioner society as Assistant Manager in the grade of Rs. 100/5/150 on 15th September, 1960. He was posted at one of the branches of the petitioner society, viz. Khadi Bhandar, Bapu Bazar, Jaipur. THEreafter, certain matters of misconduct including defalcation came to the notice of the management. THE management, after overlooking the previous misconduct of Shri Narain Kumar Shastri, gave him one more opportunity to improve his conduct but he was transferred from Jaipur to Kishangarh Khadi Bhandar. Shri Shastri continued to misbehave and remained absent from his duty and marked his presence in the attendance register. An explanation was sought from Shri Shastri for his misconduct but it so appears that he did not care to reply to the letter addressed to him by the management. THEreupon, the management without holding any formal enquiry terminated the services of Shri Shastri on 17th November, 1966. THE union of the workmen of the petitioner society raised an industrial dispute about the termination of Shri Shastri's service. THE Government of Rajasthan referred the following question for adjudication under sec. 10 of the Industrial Disputes Act to the Labour Court : Whether the termination of Shri Narain Kumar Shastri's services by the Udyog Mandir, Amer was legal and proper, and to what relief the workman was entitled ?

(3.) THE writ petition is, therefore, allowed and the award of Labour Court dated 28th January, 1970, to the extent to which it relates to the payment of back wages to Shri Shastri from the date of termination till the date of award is set aside. No order as to costs. .