ASHOK AGARWAL, J.:---The present petition seeks to impugn the Award (Part-I) dated 20th April, 1987, order dated 21st August, 1987 rejecting the petitioner's application for review and the Part-II Award dated 27th September, 1988 passed by the Presiding Officer of the Labour Court in Reference (I.D.A.) No. 503 of 1982.

2. By the Award the action of the second respondent in dismissing the petitioner from service has been held to be justified and the reference, which was initiated at the instance of the second respondent, is rejected.

3. The petitioner was employed by the second respondent as an Assistant Cook with effect from September, 1978. An incident took place on 26th November, 1980 when the petitioner allegedly assaulted a co-worker Abdul Salam. On account of the incident the second respondent on 3rd December, 1980 issued a charge-sheet. Charges levelled against the petitioner are as follows :

"1. For joining duties in the general shift (9.00 A.M. to 6.00 P.M.) on 26-11-80, you visited the Locker room at about 9.00 a.m. where you were changing from your personal clothes to uniform.

2. At that time, Mr. Abdul Salam Bashir Chaudhary, Asstt. Cook (T. No. 4503) who was also in the General Shift (8.00 a.m. to 5.00 p.m.) was also in the locker room talking with another workman Shri. S. Paul Raj. Asstt. Cook (T. No. 3759).

3. As M/s. Abdul Salam and Paul Raj were talking between themselves, you abused and picked up a quarrel with Mr. Abdul Salam and subsequently you abused and assaulted Mr. Abdul Salam with a cook's knife which you use during the course of your duties.

4. As a result of the assault by you, Mr. Abdul Salam sustained serious injury on his right forearm entailing profuse bleeding, which required medical treatment even after first aid.

5. Your above acts, if proved, amount to serious misconduct under the Model Standing Orders applicable to you, viz :

Clause 24(M) :- - - riotous, disorderly or indecent behaviour on the premises of the establishment and Clause 24(1) :- Commission of acts subversive of discipline or good behaviour on the premises of the establishment.

On 26-11-80, after the above said incident was reported, you were issued with the suspension order Ref: P.E.R./261 of 1980 of even date at 4.00 p.m. and after it was explained to you, you refused to accept and acknowledge the same, which is also a misconduct under the Model Standing Order, viz :

Clause 24(x) :- refusal to accept a ... order or other communication served in accordance with the standing orders."

4. The petitioner thus came to be charge-sheeted for misconduct under Clause 24(k), (1), (x) of the Model Standing Orders.

5. The second respondent by his explanation Exhibit U-9 stated as under :

"On the 26th November, 1980 I did enter the locker room at 9.00 a.m. This is because my duty starts at 9.00 a.m. and I have been in the locker room for changing clothes. At this time Shri Abdul Salam and Shri Paul Raj were talking to each other. I just casually asked him whether he is on duty or not as a co-employee asks one another. Shri Abdul Salam misunderstood my friendly question and started abusing me with filthy words, which I feel ashamed to speak about. At this juncture I tried to specify his anger, for which, he got more annoyed, took out his cooks' knife which he was carrying at the moment as he was on duty (8 a.m. to 5.00 p.m.) and was on top of me before I could utter another word. You can very well understand the situation in which I was pitted against due to some misunderstanding. In desperation I tried to save myself. The scuffle that followed led Shri Abdul Salam to bruse his right forearm with a small cut, which occurred due to his falling on the ground with the knife and Scothing."

An enquiry was held against the petitioner in respect of the above charges and by an order passed on 7th October, 1981 the petitioner was dismissed from service.

6. Taking exception to the order of dismissal the petitioner raised an industrial d