SANATAN DHARAM GIRLS SECONDARY SCHOOL Vs. LABOUR COURT

JUDGEMENT

(1.) The instant writ petition is directed against the judgment cum award dated 21.9.1994 passed by the Labour Court, Bikaner in Case No. 40/1990 whereby the reference made by the State Government under Section 10(1)(G) of the Industrial Disputes Act, 1947 was disposed of directing that the dismissal of the respondent workman Mahendra Yadav from service of petitioner school shall be effective from 21.9.1994. Succinctly stated the facts are that the respondent no. 2 workman was engaged as watchman in the petitioner school in the year 1977. It appears that there were complaints regarding the performance of the duties and conduct of the employee on which he was dismissed from service w.e.f. 20.3.1986 after holding a domestic enquiry wherein it was found that the workman was guilty of misconduct.

(2.) The respondent workman raised an industrial dispute.

(3.) The State Government referred the dispute to the Labour Court, Bikaner under Section 10(1)(G) of the I.D.Act. The Labour Court by its order dated 28.1.1992 found that the procedure of conducting the domestic enquiry against the workman suffered from the defect of violation of principles of natural justice and set aside the dismissal order. Thereafter at the petitioner's request, the Labour Court itself proceeded to hold an enquiry under Section 11F of the I.D.Act.