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2016 Supreme(Ori) 640

SANJU PANDA, SUJIT NARAYAN PRASAD
Management of Rourkela Steel Plant – Appellant
Versus
Presiding Officer, Industrial Tribunal, Rourkela – Respondent


Advocates Appeared:
For the Petitioners: M/s Jagannath Patnaik, Biplab Mohanty and T.K. Patnaik.
For the Opposite Parties : Mr. S. Mishra, Mr. Kamal Raj and A.K. Baral.

JUDGMENT :

SUJIT NARAYAN PRASAD, J.

1. The award dated 24.12.1997 passed in Industrial Misc. Case No. 55/97(53/94) by the Presiding Officer, Industrial Tribunal, Rourkela is under challenge whereby and where under approval required under Section 33(2)(b) of the Industrial Disputes Act, 1947 has not been accorded to the order of dismissal passed against the workman and accordingly the Misc. Case has been dismissed.

2. Brief facts of the case of the petitioner is that the workman, for the purpose of getting appointment, has submitted forged matriculation examination certificate and forged school leaving certificate, the authority after knowing this fact has charge sheeted him under clause 28(iv) and 28(xxviii) of the certified standing orders of the company. The workman has submitted explanation to the charge sheet, having been found unsatisfactory the competent authority had constituted an enquiry committee to enquire into the charge which was enquired into adhering to the principles of natural justice. During enquiry, the workman admitted the charge voluntarily. After conclusion of the enquiry the enquiry committee submitted its report to the disciplinary authority holding the charge












































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