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2000 Supreme(SC) 1560

D.P.MOHAPATRA, S.RAJENDRA BABU
Tata Engineering And Locomotive Co. LTD. – Appellant
Versus
Jitendra Prasad Singh – Respondent


JUDGMENT

S.RAJENDRA BABU, J.

(1) THESE appeals are filed in a proceeding arising out of a reference to the Labour Court on the allegation that certain acts of the first respondent in an incident that took place on April 14, 1985, amounted to misconduct under Standing Order 24 (XIV) of the Certified Standing Orders which reads as follows:

"DRUNKENNESS, fighting or riotous or disorderly or indecent behaviour or any act subversive of discipline or efficiency."

(2) ON an inquiry being held, the inquiry authority found that the allegation of misconduct is proved and the disciplinary authority on consideration of the report of the inquiry authority and the other relevant material dismissed the first respondent from service. Thereafter, a reference to the Labour Court at the instance of the first respondent was made. The Labour Court, though held on a preliminary question that the disciplinary inquiry conducted against the first respondent is valid, came to the conclusion after perusing the documentary and oral evidence on record that the dismissal was not justified and held that he was entitled to reinstatement with full back-wages with continuity in servi


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