BANGALORE HOSPITAL Vs. WORKMAN OF BANGALORE HOSPITAL

JUDGEMENT

(1.) AN award dated 29th March 2006 in Reference No. 122/1998 is called in question.

(2.) SEVEN workmen sought for reference of a dispute on the ground that, they were illegally dismissed from service. An enquiry was held against 7 workmen inter alia, on the charge that they had gone on illegal and unjustified strike on 16-10-1995 without giving any notice and had obstructed the loyal employees, patients and their attenders to get into the hospital and had threatened the employees with dire consequence and because of the strike and threats, the work of the hospital suffered considerably and the patients were put to lot of hardship.

(3.) ON the basis of the evidence led by parties, the Enquiry Officer submitted a detailed report, holding that the charges alleged against the 7 workmen are proved. The Disciplinary authority considering the findings and also the explanation, passed an order of dismissal, against which a reference sought- 4. Before the Reference Court, the Union filed a memo, conceding the fairness of the enquiry. On the question of victimization, unfair labour practice and perverse finding, no evidence was led. Before the Enquiry Officer, the Management had led the evidence and had also produced documents marked as exs. Ml to M 97 and the said evidence was considered by the Labour Court. The Labour court found that the strike was illegal and unjustified. However, on the question of proportionality of the punishment, the Labour court found that the strike has not caused any damage to the property or there was any violence and further found that the order of dismissal is too harsh on the workmen and modified the punishment by denying two annual increments and directed the petitioner -Mangement to reinstate the workmen without backwages.