NATIONAL ENGINEERING INDUSTRIES LIMITED Vs. SHANKER LAL

JUDGEMENT

(1.) By this writ petition, under Articles 226 and 226 of the Constitution of India, the petitioner National Engineering Industries. Limited, Jaipur, has challenged the correctness of the order dated June, 25 1969, of the Industrial. Tribunal, Rajasthan, Jaipur, wheryby the Tribunal refused to accord approval to an order of dismissal of the respondent Shanker Lal, under Section 33(2)(b) of the Industrial Disputes Act, 1947 (here in after referred to as 'the Act').

(2.) The facts giving rise to this writ petition are that respondent No. 1 was employed as a workman in the Maintenance Department of the factory of the petitioner. On April 7, 1969, a charge-sheet, issued by the factory Manager, was served upon the respondent, wherein it was alleged that the respondent was not working at all since February 18, 1969 and all efforts on the part of supervisor to persuade him to work had failed. He was persistently refusing to work and also disobeying the instructions given to him by his supervisors. He was loitering and wasting his time during the working hours. The acts committed by him amounted to gross misdemeneaur in terms of Clauses (1) and (15) of the Standing Orders of the Company and the same was punishable with dismissal The respondent was given 24 hours' notice to show cause why proper action should not be taken against him.

(3.) The respondent denied the charges vide Annexures 2. The Management of the Company decided to hold a departmental enquiry and a notice thereof was served on the respondent on April 11, 1969. Shri S. P. Verma. Shri V.M. Kedia, N.C. Sharma and Mohan Arora were examined in support of the charges. The respondent submitted an explanation and examined himself as his defence witness.