1985 (5) TMI 252

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....ohan was employed, according to him, as Turner Grade I, though all throughout he was paid wages as Turner Grade II. His service was terminated on June 19, 1970 on the report of an Enquiry Officer who had framed the following two charges against him :   (i) You were given the work of rethreading of spray pipe on 4.3.70, and the jobs of the repairs of three gland were entrusted to you on 6.3.70. You neglected your duty and did not execute the above jobs for several days. The delay in the repairs put the factory to a considerable loss.   (ii) You wilfully refused the lawful orders of the Assistant Engineer to make 6 Nos. Valves for Centrifugal Machine as per sample on 18.3.1970 and left the place of work thrice in t....

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....ull opportunity appears to have been given to the appellant to participate in the enquiry and produce his evidence. This according to the Labour Court was sufficient to negative the claim. The Labour Court put Section 11A of the Industrial Disputes Act out of the way by observing that it was introduced in the Act on December 17, 1971 while the service of the appellant was terminated on June 19, 1970 and therefore, he is not entitled to the benefit of Section 11A. Accordingly, the Labour Court made an award saying that the appellant is not entitled to any relief. 4. The appellant filed a writ petition in the High Court of Punjab and Haryana. The learned Single Judge rejected the contention that the enquiry was not in accordance with the p....

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....feguard. Similarly in Mahabir Prasad v. State of Uttar Pradesh [1971]1SCR201 , this Court reiterated that satisfactory decision of a disputed claim may be reached only if it be supported by the most cogent reasons that appealed to the authority. It should all the more be so where the quasi-judicial enquiry may result in deprivation of livelihood or attach a stigma to the character. In this case the enquiry report is an order sheet which merely produces the stage through which the enquiry passed. It clearly disclosed a total non-application of mind and it is this report on which the General Manager acted in terminating the service of the appellant. There could not have been a gross case of non-application of mind and it is such an enquiry wh....