HINDUSTAN COPPER LTD Vs. CENTRAL INDUSTRIAL TRIBUNAL JAIPUR

JUDGEMENT

(1.) THE petitioner is a company registered under the Indian Companies Act and is a undertaking of the Government of India and carries on business of mining of copper ore and its processing for production of copper metal. It has employed a large number of labourers. THE labourers have formed a union known as Rashtriya Khetari Tamba Mazdur Sangh.

(2.) THE respondent No. 2 was working as a helper (Mechenical) in one of the establishment of the petitioner. As the respondent No 2 absented from his duties without obtaining prior permission for leave he was warned on several occasions and entries to this effect were also entered in service roll. It is further alleged in the writ petition that the respondent No. 2 not only remained absent from his duties without leave on various dates between 30th March, 1974, to 5th April, 1975 but on 5th April 1975, he entered the office roam of the Personnel Officer at the Central Office and mis-behaved with him and also threatened him with dire consequences. This constituted a serious mis-conduct and serious dereliction of the duties under the Certified Standing Orders of the petitioner company. THEreupon the respondent No 2 was served with a show cause notice vide Annexure 1 dated 5th April, 1975. THE respondent No. 2 filed to submit any explanation, consequently an inquiry was initiated. THE respondent No 2 participated in the inquiry cross examined the witnesses produced on behalf of the petitioner but at a latter stage absented himself. THE inquiry officer found the respondent No. 2 guilty of mis-conduct and consequently the petitioner company dismissed the respondent No. 2 by order Annexure 2 dated 5th July, 1976.

(3.) I am fortified in my above opinion by the cases relied upon by the learned counsel for the petitioner.