Judgment

P.K. Balasubramanyan, J.—The appeal C.A.No. 1339 of 2003 is by the employer. C.A.No. 1340 of 2003 is by the employee. The employee was working as a muster roll labourer in the employer-Organization. On 19.01.1984, while in employment, he allegedly physically assaulted a superior officer A.K. Singh, Sub-Engineer. He hit him with a tension screw on his back and on his nose. The blow on the nose allegedly resulted in fracture of the nose and severe bleeding. According to the employer, consequent on the incident, the employee remained unauthor­izedly absent for about three weeks. A show cause notice along with a memo of charges based on his assault on the superior officer and his unauthorized absence from duty, was served on him. He was charged with violating the service rules of the employer-organization. Pursuant to the objections filed by the employee, an enquiry officer was appointed to hold a domestic enquiry. A proper enquiry was held. The Enquiry Officer found the charges proved and submitted a report on that basis. On 14.9.1984, based on the findings, the services of the employee were terminated with effect from 15.9.1984.

2. At the instance of the employee, a reference