SALEEM Vs. LABOUR COURT & INDUSTRIAL TRIBUNAL, AJMER

JUDGEMENT

(1.) Aggrieved of the termination of his employment vide order dated 18th Aug., 2009, on the ground of misconduct and wilful absence as a consequence of domestic inquiry proceedings; the petitioner raised an industrial dispute leading to reference by the appropriate Government vide Notification dated 13th Oct., 2010. The Labour Court-cum-Industrial Tribunal, Ajmer, has answered the reference in negative and against the petitioner workman, of which the petitioner is aggrieved of.

(2.) Briefly, the essential skeletal material facts necessary for adjudication of the controversy raised are that the petitioner was appointed to the post of Helper-cum-Machine Assistant, vide order dated 1st Dec., 2005, with the Shree Cement Ltd., Beawar (respondent-employer). The petitioner-workman was served with a charge-sheet for misconduct of wilful absence. It is pleaded case of the petitioner that, in fact, he was never served with the notice with reference to initiation of departmental enquiry and was not allowed an opportunity to appoint Defence Assistant to defend him. It is further contended that in fact the officials of the respondent-employer fabricated the documents.

(3.) Learned counsel for the petitioner-workman, Mr. Ashish Saxena, reiterating the pleaded facts and grounds of the writ application, emphatically argued that the petitioner-workman was not allowed an opportunity of hearing. It is further asserted that the petitioner-workman never admitted the charge of wilful absence so also the enquiry report dated 3rd Aug., 2009 and 4th Aug., 2009. Having served with the order of dismissal from service dated 18th Aug., 2009, the petitioner- workman raised an industrial dispute challenging the action for violation of mandate of Sec. 25-F and 25-H of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act of 1947').