Naresh Chander Malik vs Presiding Officer, Industrial Tribunal-cum-Labour Court-I, Faridabad

S.S. Sudhalkar, J.—The petitioner has prayed for issuance of a writ in the nature of certiorari for quashing of award dated August 16, 1999 (Annexure P- 3) passed by the Presiding Officer, Industrial Tribunal-Cum-Labour Court-1, Faridabad.

The petitioner has averred that he was appointed as a Draftsman in the year 1980. The petitioner was served with a charg-sheet which stated that on September 5, 1988 he did not report for duty at 8.30 A.M. and came late i.e. at about 1.00 P.M. Shri Krishna Bahadur, Security Guard, stopped him and asked him about his duty hours. The petitioner was in a very aggressive mood and used unparliamentary language. He forcibly entered the factory premises. Shri R.C. Singh, Security Inspector, admonished the workman that he should not behave in such a manner with the Security Guard. The workman again used filthy language and abused the Security Inspector. After this the workman went to the chamber of the Development Manager Shri V.A. Shah and while Shri V.A. Shah was busy discussing maintenance problems with Shri B.S. Tomar, Maintenance Supervisor, the workman again in a very aggressive and angry manner told him to put him on duty. Shri V.A. Shah asked him the reason as to why he is coming on duly at 1.30 P.M. and again the petitioner abused the Development Manager. Petitioner was charge-sheeted.

We have heard learned counsel for the petitioner, gone through the petition and the annexures attached thereto and persued the record.

Learned counsel for the petitioner has stated that charge No. 6 has not proved against the workman. The other charges were all motivated only to terminate the services of the petitioner.

Shri V.A. Shah, who was the Assistant General Manager, appeared as MW-2 and stated that when he was discussing the maintenance problems with Shri B.S. Tomar, the workman entered his office without permission and asked him to give duty and said in an insulting manner, "TU SALE MUHHE PUCHANE WALA KON HAI MERA JO MAN AAYEGA MAI KARUNGA." Shri V.S. Shah has further stated in his statement that the petitioner threatened him with dire consequences if he was not allowed to join duly.

Shri B.S. Tomar, who was the then Assistant Manager (Maintenance), appeared as M W-3 and fully supported the threatening and aggressive attitude of the petitioner towards Shri V.A. Shah.

The petitioner, who appeared as WW-1, denied this incident, and categorically stated that he did not enter the chamber of Shri V.A. Shah,

Going through the testimony of the witnesses, it is clear that misbehaviour of the petitioner was fully established. With such like people in the industry as the petitioner, it is very difficult for the management to run the organisation and to get effective work from them. We find no infirmity in the findings recorded by the Labour Court.

For the reasons recorded above, we find no merit in this writ petition. This petition is thus, dismissed.

Petition dismissed.