AWDHESH KUMAR SINGH Vs. PRINCIPAL
LAWS(ALL)-2009-5-636
HIGH COURT OF ALLAHABAD
Decided on May 08,2009

AWDHESH KUMAR SINGH Appellant
VERSUS
PRINCIPAL Respondents

JUDGEMENT

Sunil Ambwani, J. - (1.)HEARD Shri A.N. Bhargava for the petitioner. Shri A.D. Saunders appears for the respondents.
(2.)THE petitioner claiming to be an illiterate person and appointed as Gardener (Mali) in the Boys High School and College, 4 P.D. Tandon Road, Allahabad was suspended by the Manager of the school on 8.10.1998 on the ground of misconduct. He was served with show-cause notice on 19.11.1998. An enquiry officer was appointed on 12.7.2001. THE petitioner denied the charges on 26.11.1998 and alleged that his services were terminated on 28.3.1999 without holding any enquiry in which he could prove his innocence.
The petitioner approached the Conciliation Officer/Asstt. Labour Commissioner. The matter was referred to the Industrial Tribunal and was registered as Adjudication Case No. 10 of 2000. The Tribunal has by its award dated May 27th, 2003 published on 4.9.2003 returned the reference against the petitioner workman giving rise to this writ petition.

The Tribunal after referring to pleadings and the documents filed by the parties examined the workman as WW-1; Shri C.V. Innis, the Principal of the School as EW-1 and Shri Syed A. Ahmad, the Warden of the school as EW-2 and has found that the petitioner was appointed vide letter of appointment (Ex. E-1). He was absent on 11th and 12th September, 1998 and had infact participated in a 'Dharna' in front of the school gate. He was seen in the Dharna and was asked to come to work but did not attend to his duties and misbehaved with the management. He was found abusing the Principal on microphone in filthy language and inciting other workmen, who were interested in working. He also stopped Shri Awadhesh Kumar Singh from going inside the school. He was given a show-cause notice on 19.11.1998 to which he submitted his reply and that after carefully considering his reply the management decided not to keep him in job and terminated his services.

(3.)THE Tribunal quoted Clause-6 of the appointment and agreement (Ex. E-1) with termination Clause 6(c)(i)(2)(x), including sub-clause (iii) of disobedience, insubordination, misconduct or inefficiency and (viii) striking work or inciting others to stop work. In the show-cause notice reproduced in Para 10 of the award, the workman was informed that he was absent from duties on 11th and 12th September, 1998 without any reasons, sufficient notice, or sanction of leave and that instead of joining duties he was seen sharing the stage/dharna organised by some outsiders in front of the college gate. THE agitators had made false allegations and defamed the school saying that the school is actively involved in converting the Hindus to Christianity, knowing very well that such allegations were false and baseless. It was further stated in the notice in para 2 that the workman was the brain behind and main instigator, who misguided other servants of the college, used abusive and threatening language and forced them to join the strike organised by the agitating individuals from outside. He was called to Principal's office on 6th October, 1998 at 0900 hrs. to explain the reasons of absence. He was rude; spoke in abusive language and in loud voice and refused to obey orders.
In his reply dated 26.11.1998 (Ex. E-4) the workman denied the allegations. The termination order dated 28.3.1999 (Ex. E-5) stated that his previous conduct relating his suspension for his involvement in an activity including Dharna considering the fact that he has permitted outsiders to stay in his house located in the college campus without prior permissions, were taken to be the basis to terminate the contract of his services without giving any notice of termination. In lieu of the notice he was paid three months' salary on the basis of agreement with the college authority.



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