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2007 Supreme(Del) 130

SHIV NARAYAN DHINGRA
RATTAN LAL GUPTA – Appellant
Versus
MANAGEMENT OF M/S BIRLA TEXTILE MILLS – Respondent


Advocates Appeared:
M.M.Kashyap, M.Y.Khan

( 1 ) BY this writ petition, the petitioner has challenged the validity of award dated 17. 2. 2003 whereby the Labour Court VIII, Karkardoom courts, Delhi answered the reference against the petitioner holding that the termination of service of petitioner was neither illegal nor unjustified.

( 2 ) BRIEFLY, the facts are that the petitioner was working as a Beam carrier in Dying Department of the respondent No. 1. A charge-sheet was issued to him on 9th November, 1976 in respect of his misconduct of 29th October, 1976. An enquiry was conducted into the misconduct, and after the report of Enquiry officer that the misconduct was proved Disciplinary Authority passed an order of removal from service. The petitioner challenged his dismissal and the following dispute was referred for adjudication to the Labour Court:

"whether the dismissal from service of Shri Rattan Lal is illegal and/or unjustified and if so, to what relief is he entitled and what directions are necessary in this respect?"

( 3 ) THE Labour Court after considering the entire evidence came to the conclusion that the enquiry against the petitioner was held in a proper and fair manner and the punishment awarded to the petiti








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