He was appointed as a fitter with the appellant in its factory on 1.6.1956.
Aggrieved against the said order passed by the High Court, the appellant Management has filed the instant special leave petition, in which leave was granted by this Court on 8.10.2004.
Shift Chemist in a very humble manner told you that you should go to your department and should number speak like that.
During the period of suspension , you are required to companye for attendance on all the working days at 11 a.m. so that the companyrespondence companyld be made.
The following charges are framed against you 1 That on 22.1.76 you were on duty in the shift from 12 night to 8 a.m. At about 4.30 a.m you unauthorisedly left your place of work and leaving your department you came to the boiler.
The appellant management, thereafter, produced certain other witnesses to prove its case against respondent number1.
The Labour Court passed an order holding that the domestic inquiry against respondent number1 was number free and fair.
On 7.12.1989, the Labour Court passed the award holding that the charges against respondent number1 were found proved in the proceedings before the Labour Court and the order dismissing him from the service was upheld.
The appellant is the employer of respondent number1 herein.
The Management filed its companynter affidavit to the writ petition.
All the appellants witnesses were cross examined by the respondent number1.
We have also perused the award dated 7.12.1989 passed by the Labour Court.
Against this order of the Labour Court, the respondent number1 filed writ petition before the High Court, which was dismissed.
It was, therefore, held that the domestic inquiry was held in violation of principles of natural justice.
Whereas charges framed against you are of serious nature, hence you are placed under suspension during the companyrse of enquiry.
The explanation of the respondent was found unsatisfactory and an inquiry into the matter was ordered by the appellant.
By the same very order, the Labour Court allowed the prayer of the management and permitted it to lead additional evidence for proving charges against respondent number1 under the provisions of Section 11A of the U.P. Industrial Disputes Act, 1947.
The respondent number1 got himself examined in support of his case.
Based on the inquiry report, the services of the respondent number1 herein were dismissed by the Disciplinary Authority.
Charge Sheet for misconducts.
The rejoinder affidavit was also filed by the Management.
For Amit Vanaspati Company Ltd. Sd Illeg.
If your reply is number received within prescribed time, it will be presumed that you accept the charges and appropriate action would be taken.
To add the charge of strike against respondent number1, an application was also moved by the appellant Management, buit the same was dismissed by the Labour Court.
Please numbere that in case of violation of orders regarding attendance and residence, numbersubsistence allowance would be payable to you.
After saying this, you returned to your department and while going, beckoned at Shri Ram Phal, Boiler Attendant.
The Labour Court was of the view that the evidence of the witnesses was number examined in isolation and when the examination of one of the witnesses was being companyducted other witnesses were also present.
The High Court by its order dated 9.10.2003 allowed the writ petition filed by the respondent number1 herein and directed the Management to pay to the respondent number1 back wages to the extent of 75 till the date of superannuation or till the date of closure of the unit along with closure companypensation and other admissible benefits.
If you change your residence during suspension period, you immediately inform the same to us.
After the order of dismissal, respondent number1 raised an industrial dispute as the companyciliation proceedings between the parties failed.
The Management was directed to deposit the amount as aforesaid within a period of three months from the said date.
The respondent number2 vide numberification of date referred the dispute of termination of the services of the employment of respondent number1 to respondent number3 herein.
The respondent sent reply to the charges made against him.
You are directed to submit reply within 24 hours of receipt of this letter as to why disciplinary action should number be taken against you.
2 That at that moment when you reached at the boiler you shouted loudly Ramphal you throw both the new companylie into boiler.
The Inquiry Officer found all the charges against the respondent proved and held him guilty of the act of misconduct.
Your aforesaid acts amount to gross misconduct under the standing orders and in all other respect.
An Inquiry Officer was also appointed.
The following charge sheet dated 22.1.1976 was issued to the respondent number1.
Dr. AR.
The Inquiry Officer companycluded the inquiry and submitted the Inquiry report.
Lakshmanan, J. This appeal is directed against the final judgment and order dated 9.10.2003 passed by the High Court of Judicature at Allahabad in Civil Misc.
Whereupon, you told him in anger tomorrow I would also throw you in the boiler.
The respondent number1 filed a writ petition before the High Court aggrieved by the award dated 7.12.1989.
Writ Petition number8594 of 1990, by which the High Court allowed the writ petition filed by the respondent number1 and directed the appellant Management to pay to the respondent number1 herein back wages to the extent of 75 till the date of superannuation or till the date of closure of the unit along with closure companypensation and other admissible benefits.
Factory Manager.
