NEW SHORROCK MILLS Vs. MAHESHBHAI T RAO

JUDGEMENT

(1.) The only question which arises for consideration in this appeal is whether the Labour Court, having found that the employee was guilty of misconduct in any inquiry held in accordance with law and in compliance with principles of natural justice, can set aside the order of his discharge and substitute the same with an order of reinstatement with forty percent backwages.

(2.) The respondent was engaged as a Badli workman, by the appellant, some time in October, 1971. On 29th December, 1976 the respondent entered the office of the Deputy Manager and started abusing him and threatened that the mill officers will not be safe outside the mill and that he did not care if he had to go to jail for murder of four to five officers. In view of the aforesaid abusive behaviour of the respondent a show cause notice under Clause 22(1) of the Standing Orders was served on him. This notice was based on the complaint dated 31st December, 1976 which was made by the said Deputy Manager to the management of the appellant-mill.

(3.) Thereafter, a domestic enquiry was held, witnesses were examined and full opportunity was given to the respondent to defend himself. After the inquiry proceedings concluded the respondent was served with a notice by the Inquiry Officer to show cause why he should not be discharged from the service of the mill. A reply dated 30th July 1977 was filed by the respondent. The Inquiry Officer, after considering the entire material on record and also after taking into account the explanation offered by the workman, came to the conclusion that the respondent was in fact guilty of misconduct. By order dated 2nd August, 1977 the respondent was discharged from the service as Badli worker with immediate effect. He, however, was given thirty days salary in lieu of the notice period.