BHARAT ELECTRONICS LIMITED Vs. INDUSTRIAL TRIBUNAL KARNATAKA BANGALORE

JUDGEMENT

(1.) Whether "night shift allowance" forms part of "wages" in the context of S. 32(2)(b) of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act') is the issue which crops up for decision in this appeal by special leave against the order dated October 9, 1986 of the Industrial Tribunal, Karnataka at Bangalore in Serial No. I of 1980 in I.D. No. 26 of 1979.

(2.) It arises on these facts.

(3.) Bharat Electronics Limited, Bangalore, the appellant-herein, is the "management" and the respondent Shri B. Sridhar, "workman" was in employment with the management as a bus driver. The establishment of the management, at the relevant time, had about 13500 employees out of whom about 2800 were females. The management provided transport facilities for picking up and dropping down its employees from and at stipulated official stops. The drivers plying buses of the establishment on a rotational basis, working on night shifts, used to get a variable night shift allowance. On May 1, 1979 the workman was detailed to work in the first shift for picking up certain employees of the second shift and general shift, and for, dropping school children at various scheduled points. He was also detailed to pick up female employees, who were to report for the shift commencing from 10.30 a.m. to 7.00 p.m. from the stipulated official stops. En route the workman did not park his vehicle at one of the stipulated establishment bus stops but rather quite away from it, which caught the attention of Shri K. L. Balasubramaniam, a senior Engineer in the employment of the Management wanting to go the factory. Shri Balasubramaniam went there and in the process of boarding the bus enquired whether he could go to the factory in the same bus- He was in for a shock to see the workman indulging in sexual act with a woman in the' gang way of the bus. The sudden appearance of Shri Balasubramaniam. surprised the workman and he abruptly and falsely replied in the negative. The matter was reported to the high officials of the Management. He confessed his guilt before Shri M. V. Subarayappa, Deputy Manager, Transport. The misconduct committed by the workman became the subject-matter of a domestic enquiry. At the enquiry S/Shri Balasubramaniam and Subbarayappa appeared for the management and deposed to the aforesaid facts. The Enquiry Officer found the workman guilty of the misconduct imputed under Standing Orders 15(l)(h) and 15(l)(r) of the Standing Orders of +he Company. The workman was thereafter dismissed from service with effect from December 31, 1979. On that very day, the management sought approval from the Industrial Tribunal, Karnataka at Bangalore under S. 33(2)(b) of the Act of the action taken and towards meeting the requirement of the provision paid to the workman before hand a sum of Rs. 607.90 as wages for one month.