GUWAHATI, India, Aug. 23 -- Gauhati High Court issued the following order on July 23:

1. Heard Mr. T. J. Mahanta, learned senior counsel, assisted by Mr. A. Baruah, learned counsel, appearing on behalf of the petitioner. Also heard Mr. K. Gogoi, learned CGC, appearing on behalf of respondent No. 1; and Mr. Kan Kalita, learned standing counsel, Oil India Ltd.(OIL), appearing on behalf of respondents No. 2, 3, 4 & 5.

2. The challenge in the present proceeding is to an award, dated 30-05- 2011, passed by the Central Government Industrial Tribunal-cum-Labour Court, Guwahati, in Reference Case No. 05/2005.

3. The facts, in brief, requisite for adjudication of the issue arising in the present proceeding, is noticed, as under:

The petitioner, herein, was appointed as an Account Clerk with the Oil India Ltd.(OIL), Duliajan, in the year 1978. Basing on an allegation arising in the matter against the petitioner of having involved himself in preparation of a enumeration list and for payment of surface compensation to the persons involved, therein, and it having been revealed that 9(nine) persons incorporated in the enumeration list and who were paid such surface compensation, were, in fact, fictitious persons having no existence; a misconduct being borne out, the petitioner, herein, was on 09-07-1999 issued with a Show Cause Notice, instituting a departmental proceeding against him. The petitioner submitted his reply to the said Show Cause Notice, on 03-08-1999, and had contended that he was involved in the preparation of the enumeration list jointly with the deputed officials of the land department of the Oil India Ltd.(OIL), Duliajan. The petitioner had further contended that the pattadars/occupiers of the land so involved, were paid their due compensation after being identified by the village Headman(Goan Burha).

Being not satisfied with the reply submitted by the petitioner, herein, the disciplinary authority of the petitioner directed for holding an enquiry in the matter and an enquiry officer came to be appointed for the purpose. Further, a presenting officer was also appointed. On conclusion of the enquiry, the enquiry officer submitted his report on 09-10-2001 and therein, held the charge levelled against the petitioner to have been established from the materials coming on record in the enquiry. The said enquiry report was furnished to the petitioner on 29-10-2001, and he submitted his representation, thereon, on 08-12-2001.

The disciplinary authority, thereafter, on 13-09-2003, issued an advice for punishment and therein, considering the gravity of misconduct and also the absence of any extenuating circumstances; proceeded to dismiss the petitioner from the services of the Oil India Ltd.(OIL), Duliajan, with effect from 15-09-2003.

Being aggrieved, the petitioner, herein, preferred an appeal before the appellate authority in the matter. The said appeal, upon consideration, came to be rejected vide communication dated 01-03-2024. The petitioner, thereafter, filed a representation, dated 06-07-2004, before the Regional Labour Commissioner(Central) raising an industrial dispute. The conciliation so undertaken having been failed, the matter being referred to the appropriate Government, a reference, thereon, came to be made before the Government Industrial Tribunal-cum-Labour Court, Assam, Guwahati, on 12-07-2005.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=T2Oj5Y97nX2tmju2FyqIU2Yy8JkFi1l3Iq9XrQj63yWMIiaGHW7xdHu5MhF6N%2BXT&caseno=WP(C)/2728/2013&cCode=1&cino=GAHC010114292013&state_code=6&appFlag=)

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