BHARATH ELECTRONICS LTD Vs. K KASI

JUDGEMENT

(1.) This Writ Petition is by M/s. Bharat Electronics, questioning the legality of the order made by the Industrial Tribunal Bangalore, rejecting its application made under Section 33(2)(b) of the Industrial Disputes Act, 1947 ('the Act' for short) seeking approval for the order by which the first respondent was dismissed from service.

(2.) The facts of the case, in brief, are as follows : The first respondent was an employee in the service of the petitioner. Disciplinary proceedings were instituted against him by the issue of charge sheet dated 18th October, 1979 (Annexure-A). It reads : "CONFIDENTIAL Bharat Electronics Limited Jalahalli P.O., Bangalore-13. No. 031242/DIV-I/PD Date : 18th October, 1979. CHARGE-SHEET

(3.) For reasons stated infra, Sri K. Kasi, Staff No. 031242, is called upon to furnish his explanation within four days of receipt of this communication as to why disciplinary action should not be taken against him. REASONS : On 18th October, 1979 at about 8.45 a.m. in the Electroplating shop of LPE Division he approached Sri K. M. Srinivasan, Deputy Manager, Finishing/LPE with a shop order and asked him in a defiant manner for some clarification. When the Deputy Manager asked him to approach the Foreman and stated that, if necessary, he will himself look into the matter, he (Shri Kasi) angrily spat on his face and assaulted him by hitting him on the neck and showered derogatory abuses in plenty.