GAUHATI HIGH COURT ISSUES ORDER ON JOYANTA KUMAR DUTTA V/S THE STATE OF ASSAM AND ANR

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

1. Heard Mr. S. Chakraborty, the learned counsel appearing on behalf of the Petitioner. Mr. M. Chetia, the learned Government Advocate appears on behalf of the Respondent No. 1 and Ms. A. Biyani, the learned counsel appears on behalf of the Respondent No. 2.

2. The present writ petition has been filed challenging the Award dated 19.01.2023 (hereinafter referred to as, "the impugned award") passed by the learned Labour Court of Assam, Kamrup (M) at Guwahati (hereinafter referred to as, "the learned Labour Court") in Reference Case No. 01/2022 whereby the Award was passed in favour of the Respondent No. 2 and against the Petitioner.

3. The legality of the said award is the subject matter of challenge in the present proceedings. To appreciate the same, this Court finds it relevant to take note of the brief facts which led to the filing of the instant writ petition.

FACTUAL MATRIX

4. The Petitioner herein was admittedly appointed in the services of the Respondent No. 2 on 17.06.2009. On 23.03.2021, the HR Head of the Respondent No. 2 had issued a letter to the Petitioner alleging inter alia that a notice was received from Indian Oil Corporation Limited regarding payment of an outstanding amount of Rs. 1,57,745/- for fuels lifted by the Petitioner for 108 dumper service from April, 2014. It was also alleged in the said letter that there was a serious lapse on the part of the Petitioner and such an action was not acceptable. The Petitioner was asked to submit a written explanation within 48 hours from the receipt of the said show cause notice, failing which, the Respondent No. 2 would take disciplinary action up to service separation.

5. On the same day i.e. on 23.03.2021, the Petitioner's service was relocated from Sivasagar to Kasomari in the Golaghat district and the Petitioner was asked to report on or before 25.03.2021. Although, the show cause notice dated 23.03.2021 made no reference on the basis of what communication as well as the contents of the communication, the allegations were leveled against the Petitioner, but the materials on record reveals that it was done so on the basis of a communication dated 15.10.2020 issued by one Sri Manoj Poddar, who was the proprietor of one Lohit Fuel Service. In the said communication dated 15.10.2020 which had been exhibited before the learned Labour Court by the Respondent No. 2 as Exhibit-A, it transpires that the said Sri Manoj Poddar alleged that an amount of Rs. 1,57,745/- was the outstanding amount payable against fuel given to 108 dumper service. It was also alleged that the said fuel was lifted by the Respondent No. 2's Program Managers, namely one Sri Sourav Dutta and the Petitioner and in spite of constant reminders to make payment, the said amount was not paid and under such circumstances, requested the Respondent No. 2 to immediately release the payment.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=tuqye3PhFs%2BBDn75ghiOpJuXBPxR7kpT%2F0V3eEqZHK7v7y%2BNAq%2BVTPp0kBPzJXsm&caseno=WP(C)/5922/2023&cCode=1&cino=GAHC010216072023&state_code=6&appFlag=)

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