TMI Blog2008 (2) TMI 970X X X X Extracts X X X X X X X X Extracts X X X X ..... Shri Harbans Kumar, Senior Officer (Security), along with a number of security personnel and other workers, was discharging his duties in connection with prevention of unauthorized constructions on the company's land. The respondent-workman along with few others approached Shri Harbans Kumar and shouted at him using abusive language and threatened him with dire consequences in case the unauthorized construction was demolished. The respondent-workman, on being asked not to behave in the said manner, assaulted Shri Harbans Kumar with his hands and also resorted to brick-bating as a result of which Shri Harbans Kumar and Shri S.P. Yadav sustained injuries on the face and other parts of the body. 2. Appellant-Management issued a charge she ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in dismissing Shri Ram Pravesh, Ex. Sr. Dumper Operator from the services of the Company w.e.f 25.4.1994 is justified? If not, to what relief the workman is entitled? 6. The respondent on 3rd of October, 2003, made a statement before the Labour Court that he did not want to challenge the legality, fairness and propriety of the domestic enquiry. On this statement being made, the Labour Court, after careful consideration of the facts and circumstances and the submissions advanced by the Counsel for the respondent, held that the domestic enquiry conducted by the Management was fair, proper and in accordance with the principles of natural justice. The matter was adjourned to 14th of December, 2001 for hearing argument on merit. 7. The Industri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pondent contended that the Industrial Tribunal was fully justified in coming to the different conclusions in exercise of its powers under Section 11A of the Act. Counsel for the parties have been heard at length. 11. The Tribunal in its order on re-appreciation of evidence came to the conclusion that in the absence of any independent evidence other than of fellow workman, the charge of indecent, riotous and disorderly behaviour with superior and co-worker was not proved. Insofar as the absence from the duty is concerned, Tribunal came to the conclusion that according to the workman, he had left the place of work at 12.25 P.M. and as the incident allegedly had taken place at 12.30 P.M., the respondent could not have reached the place of inci ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment awarded by the Punishing Authority. 14. After going through the order of the Industrial Tribunal, we are of the opinion that the Tribunal has interfered with the findings recorded by the domestic Tribunal as if it was the Appellate Tribunal. There was evidence present on record regarding indecent, riotous and disorderly behaviour of the respondent towards his superiors. The Management witnesses who were present at the scene of occurrence have unequivocally deposed about the misbehaviour of the respondent towards his superiors. Their evidence has been discarded by the Tribunal by observing that in the absence of independent evidence, the statements of the workmen who were present at the scene of occurrence could not be believed. Industr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent- workman was upto 1.00 O'clock. Even if, it is accepted that he left the place of duty at 12.25 P.M., then also, he left the place of duty during his duty hours. 16. Tribunal has set aside the report of the Enquiry Officer and the order of dismissal passed by the Punishing Authority by observing that the charges against the respondent were not proved beyond reasonable doubt. It has repeatedly been held by this Court that the acquittal in a criminal case would not operate as a bar for drawing up of a disciplinary proceeding against a delinquent. It is well settled principle of law that yardstick and standard of proof in a criminal case is different from the one in disciplinary proceedings. While the standard of proof in a criminal ca ..... X X X X Extracts X X X X X X X X Extracts X X X X
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