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1986 Supreme(Del) 329

MAHINDER NARAIN
SHAM SUNDER LAL – Appellant
Versus
DCM CHEMICAL WORKS – Respondent


Advocates Appeared:
ANAND PARKASH, B.S.Charya, MIRA MATHUR, RAJ BIRBAL, SUBHASH C.SHARMA

Mahinder Narain

( 1 ) BY this petition, the employee/petitioner questions the award dated 26. 3. 73, made on reference of an Industrial Dispute. The terms of the reference were, "whether the dismissal of Shri Shyam Sunder Lal Gupta is illegal and/or unjustified and if so, to what relief is he entitled and what directions are necessary in this respect ?"

( 2 ) IT is asserted by the petitioner that respondent No. 1 issued a charge-sheet dated 12. 11. 69 to the petitioner, falsely alleging that the petitioner ingenuinely applied for leave on medical ground from the afternoon of30. 10. 69 to 7. 11. 69. The petitioner asserts that the charges were answered in detail by him.

( 3 ) AN enquiry was ordered and Mr. R. C. Narang was appointed as an Enquiry Officer to enquire into the charges against the employee. The E. O. gave his findings on 25. 2. 70, on the basis of which the services of the petitioner were alleged to have been illegally and wrongfully terminated by dis- missal order dated 18. 3. 70. Thereafter there were conciliation proceedings, and as the "illegal" action was not withdrawn, eventually the reference was made.

( 4 ) THE Labour Court dealt with the reference, as stated abov




















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