GUWAHATI, India, Nov. 16 -- Gauhati High Court issued the following order on Oct. 16:

1. Heard Mr. S. Dutta, the learned Senior Counsel assisted by Ms. K. Borah, the learned counsel who appears on behalf of the petitioner; Mr. S. Chakraborty, the learned counsel who appears on behalf of the respondent No.1 and Mr. K. Gogoi, the learned counsel appears on behalf of the respondent No.2.

2. The petitioner herein has assailed the award dated 20.11.2019 passed by the learned Presiding Officer, Central Government Industrial Tribunal-cum-Labour Court, Guwahati, Assam in Reference Case No.3/2019.

3. The facts which led to the filing of the instant writ petition are that the respondent No.1 herein was appointed as a parttime Sweeper at United Bank of India, Gourisagar Branch, Sivasagar on 01.07.2009 and on 01.04.2016, he was posted as House Keeping-cum-Sub-Staff according to eligibility and governed by the terms and conditions of service in terms of the bipartite settlement.

4. It is alleged that on 26.10.2016, one Sri Dilip Kumar Gupta, Manager of Gourisagar Branch had lodged complaint against the respondent No.1 that he shouted and scolded using abusive language against the Manager and brought an iron rod to hit the Manager of the Branch. It was also alleged that the respondent No.1 threatened the life of the Manager and also snatched his cell phone when the Manager tried to contact the Chief Regional Manager, Sivasagar Region and all these incidents occurred in the Branch. On the basis of the said incident, as alleged, the respondent No.1 was called for explanation vide letter dated 26.10.2016 by the Branch Authority of the Gourisagar Branch and the respondent No.1 submitted a reply. Pursuant thereto, a preliminary enquiry was held and on the basis of the report submitted, the respondent No.1 was put under suspension vide the order dated 31.10.2016. Thereupon, the respondent No.1 was charge sheeted. Pursuant to the said charge sheet, a domestic enquiry proceedings was initiated against the respondent No.1. After evidence being led, the Enquiry Officer submitted a report holding that the respondent No.1 was guilty of the offence charged. The respondent No.1 thereupon was furnished with the enquiry report and issued a show-cause as to why punishment of dismissal should not be imposed upon him. The respondent No.1 submitted his representation, and as the representation did not find favour with the Management of the petitioner, the respondent No.1 was dismissed from service.

5. Pursuant thereto, the respondent No.1 filed an application before the learned Central Government Industrial Tribunal-cumLabour Court, Guwahati, Assam (hereinafter after referred to as the learned Tribunal) under Section 2A(2) of the Industrial Disputes Act, 1947 (for short, 'the Act of 1947') and on the basis thereof, a Reference Case No.3/2019 was registered by the learned Tribunal. The respondent No.1 filed his written statement. On behalf of the petitioner, a written objection was filed by an authorized signatory of the petitioner.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=U%2BbhtlrLe2adAHN8Tz%2F1dwPTQ3wR0rFh5TqG8mtJJhBg1Ql8yHKqsaZZFwX0qZIf&caseno=WP(C)/2291/2020&cCode=1&cino=GAHC010077212020&state_code=6&appFlag=)

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