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Vikas Jain (Advocate)     02 September 2015

Supreme court judgement

Dear Experts,

Pl. cite any judgment wherein the termination of the workman is held justified even during the pendency of the reference before the Industrial Tribunal, when the deliquent workman manhandled the Enquiry Officer for two times, and does not let the Domestice Inquiry conclude. 

Also request if any judgement of High Court/SC, wherein the Security Guard posted at CMD's Bunglow is found asleep, and is dismissed by Simple termination by paying the one month's salary. 

I have tried googleing alomost all the forum, could not find the same, pl help

 

Regards

Vikas



Learning

 2 Replies

Kumar Doab (FIN)     02 September 2015

Each charge has to be proved.

Opportunity of natural justice has to be granted.

 

You may go thru:

 

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

AFR
Court No. - 14
Case :- SERVICE SINGLE No. - 5019 of 2009
Petitioner :- Parshu Ram Kashyap
Respondent :- State Of U.P. Through Secretary Home

https://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do

 

Vikas Jain (Advocate)     04 September 2015

Thank you so very much Sir.

I have gone through this Judgment, however could see that the Hon'ble Court has finally decided in favor of the petitioner Prashu Ram Kashyup. 

Sir , whereas considering my case, the 3 Securty guards were deployed on the CMD's Bunglow, as a part of their duty assigned to them by their seniors. During the night checking all of them were found asleep. This incident happened in 2011, for which they were suspended pending inquiry. Later EO was appointed and on the very second date of DE, they abused the EO & manhandled him. The EO retired and gave us in writing that because of the incident he will not continue with the DE. 

Company has continuously paid them the subsistence allowance regularly, later in 2012 another EO was appointed, the Guards threatened him too, to which he also discontinued. Then in 2013 the company gave them the dismissal order by paying one month's salary. 

Now, interestingly there was a general demand reference pending for adjudication which was raised by the representing union in 2012, and we were not aware of it. After the SG's were dismissed the Union immediately filed the complaint u/s33(C) 1, and the lower court relying in the Jaipur Zilla sahakari Cooperative bank's judgment of the Apex Court, held that since the reference demand was pending the approval was ought to be taken simultaneously  followed to their dismissal. 

Now, we are into the process of filing the writ before the High Court. Hence his query. 

Regards

VJ

 

 


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