HECKETT ENGINEERING CO Vs. THEIR WORKMEN

JUDGEMENT

(1.) This appeal by special leave is directed against an award dated March 26, 1977 of the Ninth Industrial Tribunal, Durgapur, made in case No. X-39/75 and published vide Notification No. 1624-I. R/IR/10L-84-77 dated April 29, 1977 issued by the Labour Department of the Government of West Bengal.

(2.) The appellant, M/s. Heckett Engineering Company (India Branch) Burnpur (West Bengal) (hereinafter referred to as 'the Company') is a division or branch in India of M/s. Harsco Corporation, a limited liability company incorporated and registered in U.S.A. It carries on the business of recovery of iron and steel scrap from slags at its plant located within the Steel works of the Indian Iron and Steel Company Limited, Burnpur. The workmen employed by the company are represented by Heckett Engineering Company (India Branch) Employees' Union, Puranhat, Burnpur (hereinafter referred to as 'the Union') which is recognised by the Company.

(3.) It appears that Mihir Majhi (hereinafter referred to as 'the workman') who was employed as a permanent driver by the Company was deputed on October 9, 1974, to carry some materials in Fargo Truck No. WGH 6891 from its Burnpur plant to its Jamshedpur plant and to bring certain other materials from Jamshedpur plant to Burnpur plant in the same truck. One Shankar Kumar Gupta, an employee of a contractor working for the Company, was asked by the Company to accompany the workman on the aforesaid mission as a helper. After loading the truck with the materials which had to be brought over from Jamshedpur plant of the Company, the workman accompanied by Shankar Kumar Gupta set off for Burnpur on October 12, 1974. While the truck was thus on its way back to Burnpur, the workman stopped the truck near a tyre repairing shop at Chandil to have a punctured tube repaired. While leaving the said shop, the workman picked up four strangers in the truck in contravention of a circular of the Company forbidding the carriage of any unauthorised person in any of its vehicles and resumed his backward journey to Burnpur. At about 7.00 P.M. when the aforesaid truck driven by the workman was going down a slope, it dashed violently against a wall of a culvert at a place about two to three kilometres from Chandil check post within the jurisdiction of Nimdih Police Station resulting in exensive, damage to the truck. Instead of reporting the matter to the police, the workman went to the residence of Mr. Bhattacharya. Chief Accountant of the Company's plant at Jamshedpur, and told him that the differential of the aforesaid truck in which he was carrying magnet and other material belonging to the Company and which was being driven by him broke down on the road at about 7.00 P.M. a few miles after Chandil due to overloading whereupon Mr. Bhattacharya advised the workman to go and see the Works Manager of the plant at Jamshedpur. The workman did not pay any heed to this advice and left for Burnpur where he verbally informed Mr. V.K. Balan, the Plant Manager of the Company at about 6.00 P.M. on October 13, 1974, that the aforesaid truck which was loaded beyond its carrying capacity had met with an accident at a place two miles before Chandil Check Post in consequence of his losing control thereof due to failure of the brakes because of which the truck dashed against a wall of a culvert. The Plant Manager directed the workman to submit a report of the accident in writing at the office. Accordingly, the workman made the report Ext. 'S' (PH) on the following morning after getting the same written by an office assistant named B.K. Guhathakurata. Thereupon the Plant Manager accompanied by the workman visited the place of accident for verification of the incident and assessment of the damage. On October 17, 1974, the Plant Manager vide his communication No. HB/CS/23/1974 called upon the workman to show cause why disciplinary action should not be taken against him for the following acts of misconduct which fall within the purview of sub-cls. (o), (m) and (v) of Cl. 31 (II) of the Sanding Orders of the Company which are certified under s. 5(3) of the Industrial Employment Standing Orders Act. 1946 and as held in Agra Electric Supply Co. Ltd. v. Sri Alladin (1970) 1 SCR 808 : (AIR 1970 SC 512) bind the Company as well as all its employees :-