Single judge dismissed intra-court appeal against order upholding industrial adjudicator's award dismissing workman. Court found meritless to set aside dismissal on evidence regarding alleged misconduct of leaving duty gate.
Intra-court appeal against the bench's dismissal of the writ petition was dismissed.
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+ Letters Patent Appeal No. 624/2011
% Date of Decision: August 4, 2011 Management of Ashok Hotel ....Appellant Through Mr. Ujjawal K. Jha with Mr. Kanwaljeet Singh, Advocates. VERSUS Mohinder Singh …..Respondent Through
CORAM:
HON’BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SANJIV KHANNA
ORDER
% 04.08.2011 SANJIV KHANNA, J.
Management of Hotel Ashok has filed the present intra court
appeal against the decision dated 10th May, 2011, dismissing Writ
Petition (Civil) No. 12391/2006 filed by them. Learned single Judge has
upheld the award dated 25th October, 2005, passed by Industrial
adjudicator holding inter-alia that the appellant Management had failed
to lead evidence to prove the charges against the workman Mohinder
Singh, the respondent herein. The respondent workman was awarded
punishment of stoppage of three annual increments with cumulative
LPA 624/2011 Page 1 of 4
effect and had raised an industrial dispute. Before the industrial adjudicator, the appellant conceded and accepted that the departmental proceedings were vitiated and there was violation of principles of natural justice. However, the appellant Management was given an opportunity to prove the misconduct by the respondent workman.
that the industrial adjudicator has wrongly ignored and rejected as heresay the evidence of Ashok Lamba, Manager (Vigilance & Security) and the said finding is incorrect and contrary to law. He has further submitted that learned single Judge has also committed the same error.
been placed on record as Annexure A-8. The charge against the respondent workman was that he had deliberately left the place of duty, i.e. the supply gate, on 9th March, 1988, and had gone to the car parking area in connivance with one Mr. J. K. Rout, Foreman Grade-I, and a representative of M/s Cactus Lilly Enterprise so as to smuggle out
2 extra empty gas cylinders and 26 filled gas cylinders instead of 150
LPA 624/2011
Page 2 of 4
empty gas cylinders for which gate pass had been prepared and signed
by J.K. Rout.
Mr. Ashok Lamba that it was the duty of the respondent workman to
ensure that the filled gas cylinders or extra cylinders were not loaded.
The truck had not left the hotel compound and was still parked. It
cannot be presumed that the respondent workman would not have LPA 624/2011 Page 3 of 4
reached the supply gate and verified the cylinders with the gate pass.
The contention that the respondent security guard should not have left
the supply gate or should have kept it locked, does not impress us and does not show or indicate that the respondent workman was guilty of fraud or had acted dishonestly. Admittedly, he was within the hotel
compound. The respondent workman was held guilty and punished for
a different charge.
appeal and the same is dismissed.
SANJIV KHANNA, J.
CHIEF JUSTICE
August 04, 2011 kkb
LPA 624/2011
Page 4 of 4
2 issues framed by the court
Whether the high court should interfere with the single judge's dismissal of the appeal which upheld the industrial adjudicator's finding of the respondent's dismissal.
Whether the single judge wrongly rejected evidence as hearsay regarding the allegation that the respondent security guard connived with others to smuggle gas cylinders.
Management of Ashok Hotel
Mohinder Singh
Sanjiv Khanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
