The Mgmt.Of Hotel Ashok Thru G v. Kashmiri Lal

VIPIN SANGHI, J Page 17 of I7

l:- % s ,t- , 'l ft' l! \q $-2. * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decisio n: 20.02.2013 w.P.(cl343t2007 l'I{E MANAGBMENT OF HOTEL ASHOK THRIJ' ITS GENERAL MANAGER Through: Mr. Karunesh Tandon, Advocate. VETSUS KASI-IMIRI I,AL ..... Respondcnt Ms. Rashmi Priya, Advocate. Through: CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI VII'IN SANGHI, J. (ORAL) C.M. No.21032013 Issuc notice. Learned counsel for the respondent accepts notice. She fairly does not object to the Costs being waived. Accordingly, the application is allowed and stands disposed of. W.P.(C) 343/2007 and C.M. Nos.609/2007 & 11007/2007 1. The petitioner management has preferred the present petition to assail the award made by the Labour Court-XX (Fast Track), Karkardooma Courts, Delhi in I.D. No.36/2006 (old I.D. No.18211994), whereby the reference made by the Appropriate Government with regard to the Page I of 17 Signed By:RAM DATT Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing. r] q\ termination of the services of the respondent workman Sh. Kashmiri Lal has been answered in favour of the respondent by holdingthatthe punishment of termination imposed upon him'was too harsh and by directing that he be reinstated with continuity of service and 50Yo back wages since the date of termination, i.e., 09.03.1998 till the date of reinstatement, with stoppage of three increments with curnulative effect. 2. The respondent workman was appointed as Room Attendant in the year 1977 with the management. He remained in employment till 09.03.1988. On 03.02.1987, the petitioner claims to have found the respondent involved in aranging a girl for an in-house guest in Room No.751 of the hotel through one'Mr. Ramesh Kumar, proprietor, S.R. International, Rajendra Place, New Delhi for immoral purposes. The statemcnts of the respondent, the girl who had been brought to the hotel, and her accomplice were recorded on 03 .02.1987, which were all signed by the respondent as well. Thereafter he was issued a charge-sheet dated 27.02.t987. 3. The charge-sheet alleged that on 03.02.1987, the respondent was on duty from 03:00 P.M. to 10:00 P.M. on the seventh floor of Ashok Hotel. While the respondent was on duty, he arranged a girl for a guest of Room No.751 and made her (name of the girl givenrwhich is abbreviated as RS) and a.pimp (name given as Ajay Singh) wait in Room No. 758 - another adjaccnt room as, at that time, the guest of Roorn No.751 were not available in the said room. At about 1445 hrs. on that day, while Mr. Lohiya - the Assistant Manager was getting the planters replaced on seventh floor, he noticed a girl & boy coming out of the rnain lift and going towards the 'F' i s J + ,r/ Wing. They stopped outside Room No.751. When there was no reply, they went into the lift. After some time the respondent was found with the girl & boy and he came down after leaving them in Room No.758. The charge- sheet alleged that on interrogation, it had come to notice that at about 2:00- 2:30 P.M. on the same day, the respondent had made a call from Ashok Hotel to Mr. Ramesh Kumar, who is running a travelling agency at Rajendra Place and asked him to send a girl to be offered to the guest at Ashok Flotel. Accordingly, Mr. Ramesh Kumar had sent the girl with Ajay Singh to the respondent, and the respondent made them wait in Room No.758 as, at that time, the guest of Room No.751 was not available. The said conduct of the respondent was alleged to be in violation of the Certified Standing Orders of the Flotel, parlicularly Standing Order No. 14 (xliv), (l). 4. The petitioner management appointed one Mr. Hardam Lal as the Inquiry Officer. Mr. Hardam Lal after giving opportunity to the respondent to rneet the charges levelled against him in the inquiry made his Inquiry Reporl dated 11.08.1987, wherein he held the respondent guilty of the charges levelled against him. He concluded that the charge against the 'resp