SHEO SHANKAR RAM Vs. PRESIDING OFFICER, LABOUR COURT

JUDGEMENT

(1.) IN this writ petition the Petitioner -workman has challenged the award dated 31st January, 1997 passed by the Presiding Officer, Labour Court, Ranchi in Reference Case No. 8/92 whereby he has held that the concerned workman has been rightly dismissed from service by the Respondent -Management.

(2.) THIS case has very chequered history. The Petitioner was employed as Electrician Grade -ll in Murli workshop of the Respon -dent -company. On 2 -3 -1982, he was asked by the superior officer to charge 12 volt car battery. The Petitioner refused to carry out the order on the pretext that he had no safety tools for charging the same and that he was not receiving battery charges allowances. His complaint was looked into by the Management of the Respondent -com -pany and the same was found to be baseless. The Petitioner was, thereafter, served with a charge -sheet as per the provision of the Certified Standing Order of the company tor wilful insubordination or disobedience of the lawful and reasonable order of the superior officer. On the same date the Petitioner submitted his reply. A domestic enquiry was, thereafter, conducted and the Enquiry Officer submitted his report that the charges levelled against the Petitioner stood proved and, as such, he is guilty of the charges levelled against him. A second show -cause notice was issued to the Petitioner and, thereafter, office order dated 31 -5 -1982 was issued dismissing the Petitioner from service.

(3.) THE Management and the Union of India appeared and filed written statement and rejoinder. The Presiding Officer, Labour Court, Ranchi, by order dated 14 -12 -1983, held that the domestic enquiry was not fair and proper. The Management, then challenged the said order before this court by filing a writ petition being C.W.J.C. No. 333/1984(R). This court allowed the writ petition holding that the domestic enquiry was fair and proper.