RAM BALAK DUSADH Vs. BOKARO STEEL LTD.

JUDGEMENT

(1.) PETITIONER was appointed as over Top Man on 14th of August, 1973 and he joined his service on 23rd of October. 1973 in the pay scale of Rs. 230 -284/ -. On 31st of March, 1987 petitioner was caught by the CISF Personnel while trying to take out mobil oil approximately 2.50 liters from the plant concealed in his scooter. He was charge -sheeted by the Management on being suspended by letter dated 30th of April, 1987 and Enquiry Committee was constituted vide letter dated 3rd of June, 1987 to enquire into the charges. The Enquiry Committee reported that the charge was established against the petitioner and, accordingly, petitioner came to be dismissed from service vide order No. 114 dated 14th of September, 1987. An industrial dispute was raised, which was referred to the Labour Court. Bokaro, being Case No. 6 of 1990. The Labour Court, Bokaro vide its award dated 5th of April, 2004 upheld the order of dismissal. Petitioner has challenged the award of the Labour Court in the present writ petition and also the order of dismissal primarily on the ground that he was not involved in any act of misconduct of theft and the personnel of CISF misused their power. It is stated that even FIR was not lodged in respect to the alleged theft, which clearly indicate that petitioner was not involved in the theft.

(2.) I have perused the award, impugned in this writ petition. The Labour Court has recorded the findings on the basis of the materials placed before it. The Labour Court is of the view that charge has been established against the petitioner. It has further observed that petitioner has committed his guilt before the Court and, accordingly. confirmed the punishment of dismissal imposed upon him on enquiry by the employer.

(3.) IN view of the above admission of guilt by the petitioner and latest trend of the law coupled with the fact that no such relief is claimed, I do not find any merit in this writ application, which, is accordingly, dismissed.