I ll v. The PresidingOfficer Labour Court

confirm edt herest orat ionofst at usoft he workm an as PurchaseAssist antas t he hadalreadyrest oredhim t hedut ies of Purchase Assist ant Wit h regardt o t he second cont ent ion raised by t he workm an t hat he was illegallyt erm inat edon t he ground of m isconductand t he LabourCourt 1i wrongly t he act oft he SingleJudgeobservedt hat t he t erm inat ion byway of want of proper sanct ion of t he Labour Court becausea reference was t he learned was void already pending in t he are t hat t he was served upon t he workm anon 283 1 993 t hree incident srelat ingt o t he dat esof6A1993 16 1993 and 631993 when t he workm an had been direct edt o do t ypingwork relat ingt o t he issuance of purchase order am endm entof t he order and som e ot her ancillary works He refusedt o obeyt he com m and of t he SUpenors 1 t hereforehis act of re8t salwas const rued as subversivet o discipline and also const it ut ed habit ual neglect of work or gross habit ual negligence which could also be said t o be act s of m isconductunder t he cert ied St andingOrders applicablet o t he Est ablishm entThls chargeleetbecaine Radhika 2014.07.18 16: 33 True Scanned Copy Of The Original PHHC,Chandigarh t he subj ectm at t er of enquirywh result edin t he proof of charge of JOYTI RANI 2016.03.28 15:58 I attest to the accuracy and integrity of this document 438 0 C I Z 2 I C45 10 LPAN001231of2009 141 m isconduct of insubordinat ion On t he basis of t his enquiry report No was servedwit h an order of from servicewef 241301 994 The let t er also an am ount of equalt o one m ont hssalaryin t heshapeof a pay order as Sect ion t he I ndust rial Act The soughtt he approval on t he sam e dayfromt he Labour Court Now t he arises if t he m isconductat t ribut edt o t he workm an was t hat he had not donet het ypingwork t o him and lt t he basist hatt ypingwork was one of t he funct ions of a Purchase Assist ant Sect ion33a9 prohibit st he duringt he pendencyofa in respect of an indust rialdisput ebefore a Labour Court Tribunal or Nat ional Tribunalfromalt eringt o t he oft he workm an concerned in t hedisput ehis exist ingcondit ionsofservice Subwsect ion of Sect ion 33 however perm it st he t o alt er t he condit ions of serVlCe in regardt o any m at t er not connect edwit h t hedisput ein accordance wit h t he orders t o t he workm an concerned or 111 accordancewit h t he t erm s of t he cont ract bet weent he and t he workm an The rightgivent o t he under subesect ion21is subj ect t o t hecondit ionlaid down in subm sect ion of Sect ion 33 t hat t he right can be exercised onlywit h t he express in writ ingof t he before which t he is pendingSect ion33A of t he Act t hat where an cont ravenes t he provlSlOnsof Sect ion 33 duringt he before a Labour Coun Trl bunal or Nat ional Tribunal any em ployeeaggrievedby such cont ravent ion m ay m ake com plain tin writ ingt o such Labour Court Tribunal or Nat ional Tribunal Radhika 2014.07.18 16: 33 True Scanned Copy Of The Original PHHC,Chandigarh and on receipt of such com plaintt he Labour Court Tribunal or Nat ional JOYTI RANI 2016.03.28 15:58 I attest to the accuracy and integrity of this document 439 LPAN0a1231 of2009 Tribunalshall upon t he as if it were a disput ereferred t o it or pendingbeforeit ln accordancewit h t he of t he Act and subm it it s awardt o t he govem m entSect ion 3161 of t he Act provides for penalt yfor cont ravent ion of t he of Sect ion33 an found guilt y of such cont ravent ion 1S wit h for a t erm which m ay ext endt O SlX m ont hs or wit h fine which m ay ext endt o one t housandrupeesor wit h bot h Once it 1S provedt hat t here was an act of m isconduct connect edwit h t he disput eand t erm inat ionis m adeduringt he pendencyof t he referencet hen it being in violat ionof t he of Sect ion33 t he Act necessary perm issionwas requiredt o be obt ained before t he workm an I fanym isconductis com m it t edbya workm an duringt he of such which is not connect ed wit h t he disput eand t he condit ions of service t o t he workm an 1 0 0 C3 I Z m Q I c6 r0 before t he com m encem ent of such t hen t he 0m workm an could be dism issedwit h t he paym entof wages for one m ont h and t he for approval could be 6 I ed before t he Aut horit yby t he The leam edSingleJudgehas right lyheld t hat t he act s of m isconductas m ent ionedbyt he on t he basis of which t he workm anhas been Were direct lyconnect ed wit h t he disput e t he workm an and t he condit ions of hls service t herefore t he oughtt o have applied for prevlOUS sanct ion before t he Labour Court before enquiry or t he service soft he workm an under Sect ion33 oft he Act Radhika 2014.07.18 16: 33 True Scanned Copy Of The Original PHHC,Chandigarh order of t em inat ionbyway of of t he worklnan byt he em ployer t hc JOYTI RANI 2016.03.28 15:58 I attest to the accuracy and integrity of this document 440 P LePeAeNo1231 of2009 1611 wit hout priorsanct ioll of t he Tribunal being in apparentviolat ion of t he oft he law is void finding no m ent I ll t he appealt he sam e I S dism issed C 1 MKUMAR9 JUDGE 11t 72010 4 6 1 JUDGE 11 i 0 0 C5 I Z I 08 Z t l 1 r Ot 4 l Radhika 2014.07.18 16: 33 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 15:58 I attest to the accuracy and integrity of this document