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2021 Supreme(HP) 362

RAVI MALIMATH, JYOTSNA REWAL DUA
Narender Kumar – Appellant
Versus
Vice President (works), M/s Himachal Exicom Communications Ltd – Respondent


Advocates appeared:
Neel Kamal Sharma, Advocate, Rahul Mahajan, Advocate

JUDGMENT

Jyotsna Rewal Dua, J. - Petitioner was a Senior Operator in the respondentCompany. After issuing charge sheet, holding inquiry and concluding the disciplinary proceedings, his services were terminated by the respondent on 12.08.2004. Whether punishment of termination of petitioner's services was commensurate with the charges levelled against him was the reference sent by the appropriate Government for adjudication to the learned Labour Court. The reference was answered against the petitioner on 07.10.2015. Three years later, he invoked jurisdiction of this Court by way of instant writ petition challenging the award.

2. The petitioner was working as Senior Operator with the respondent-Company. On 08.05.2004, respondent issued charge sheet to the petitioner. The charges levelled against him in the charge sheet were on the basis of complaints of physical assault made by Hardev Thakur and of outrage of modesty, made by Sushma Sharma co-workers of the petitioner. The petitioner responded to the charge sheet. Inquiry was conducted against him. The inquiry officer held that charges were proved against the petitioner. After conclusion of the inquiry, show cause notice alongwith inqu

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