TOYOTA KIRLOSKAR Vs. T.N. JAYARAM

JUDGEMENT

(1.) Aggrieved by the order dated 11.07.2017 passed by the learned Single Judge in dismissing Writ Petition No.22781 of 2010, the petitioner therein has preferred this appeal.

(2.) The brief facts of the case are as follows: The respondent is one of the workmen in the factory of the appellant. There were disputes between the employees and the management. It resulted in disruption of work in the factory of the appellant. Consequently, the appellant initiated action against 16 persons including the respondent herein. They were also charge sheeted. In fact, there were serious charges against other workmen including one Sri B.G.Shiva Kumar. However, the charges against the said Sri B.G.Shiva Kumar was dropped. The management proceeded against the respondent herein and removed him from service. This, according to the respondent, is disproportionate and amounts to treating alike differently and is an unfair labour practice.

(3.) The respondent, in the enquiry, was found to be guilty of committing dents on the wheel house of body nos.225 and 258 of Cars being manufactured in the appellants factory. These dents were serious quality defects which would cause safety problems to the customers. He was also found guilty of indulging in riotous behaviour and indulged in activities of abusing, threatening and intimidating the superior and obstructing other employees from doing their normal work.