R. C. NARAYANA Vs. MANAGEMENT OF M/S YUKEN (INDIA) LIMITED, P.B. NO. 16, WHITE FIELD ROAD, WHITE FIELD, BANGALORE- 560066 REPRESENTED BY ITS VIDE PRESIDENT OPERATIONS

JUDGEMENT

(1.) PETITIONER - workman has sought for setting aside the award in I.D. No. 93/2001 produced at Annexure -G dated 18.08.2011. An enquiry was initiated against the petitioner on the charge that, on 23.09.2000 at about 09:10 a.m., petitioner entered the AGM -HRD chamber without any permission while AGM was discussing urgent departmental issue with one C.S. Narasimhan, the Manager - HRD. Petitioner started shouting in loud voice in regard to his personal issues, as it was alleged that certain reports were submitted for embezzlement of Company's fund by the petitioner. Petitioner used abusive, unparliamentary words against the AGM and also pushed his chair.

(2.) THE Enquiry Officer held that the charges are proved. The Disciplinary Authority, which issued the second show cause notice, considering the enquiry report and also the reply given by the petitioner, passed an order of dismissal. As against the said order of dismissal, the petitioner raised a dispute under Section 10(4 -A) of the Industrial Dispute Act.

(3.) LEARNED Counsel for the petitioner submits that, MW -3 is not an eye witness, even MW -2 also is not an eye witness. No such incident had occurred in the chamber, no complaint is filed, no other allegations are made. It was just victimization of the petitioner by the Management. If such an incident had occurred, the AGM or the Company would not have kept quiet from filing of the compliant. If the allegation does not show that the petitioner has used such words, except the oral testimony of MW -2, there is nothing on record to prove the charge. Even then, the Labour Court without regard to the same, has erroneously, relying on the evidence of MW -2 who, under the pressure of the Management, had given a statement, confirmed the order of punishment.