LAWS(JHAR)-2009-8-59

SAMIN ANSARI Vs. HINDUSTAN STEEL WORKS CONSTRUCTION LTD

Decided On August 11, 2009
Samin Ansari Appellant
V/S
HINDUSTAN STEEL WORKS CONSTRUCTION LTD. Respondents

JUDGEMENT

(1.) WE have heard both sides and gone through the order of the learned Single Judge.

(2.) PETITIONER -appellant was a workman with the respondent that is Hindustan Steel Works Construction Ltd. He was issued a chargesheet dated 24.9.90 which is reproduced below: -

(3.) THE petitioner -appellant was found guilty in the domestic enquiry and was terminated. The matter was taken before the Labour Court by way of Reference Case No. 08 of 1992. The Labour Court directed reinstatement of the petitioner -appellant by its judgment dated 24.5.96. The employer approached this Court by way of Writ Petition which was dismissed by a learned Single Judge. The employer persisted in Letters Patent Appeal being L.P.A no. 127 of 1997, which was allowed by a Division Bench by its judgment and order dated 1.5.97. By that judgment, the appellant / workman was found guilty of all the charges, but the Division Bench felt that the punishment of dismissal was disproportionate and the matter was sent back to the employer for reconsideration of the punishment. The decision of the Division Bench was upheld by the Supreme Court vide order dated 28.8.97 in SLP no. 14888 of 1997.