AJUDHIA TEXTILE MILLS LTD Vs. INDUSTRIAL TRIBUNAL DELHI

JUDGEMENT

(1.) This petition under Article 226 of the Constitution has been filed by a Company which is running a textile mill in Delhi against an order made by the Industrial Tribunal Delhi declining to grant approval to its action in dismissing three of its workmen namely, Shri Harcharan (respondent No. 2), Shri Kishan Dutt (respondent No. 3) and Shri Mohender Singh (respondent No. 4). All the three respondents were employed as tapemen-cum-oilers in the Ring Frame Department of the mill and their duty was to oil and tape the Ring Frame machines.

(2.) In the application filed before the Tribunal under section 33(2) (b) of the Industrial Disputes Act, 1947 which will hereafter be referred to as the Act, it was alleged by the Company that on 17-3-1964 respondents I and 2 suddenly and without giving any notice of their intention to do so, started attending to 28 machines only instead of 43 machines which it was their duty to attend to and which they had been attending to prior to that date. The third work-man Mohender Singh (respondent No. 4) was alleged to have followed the first two work-men later on. As a result, charge sheets were issued to the first two workmen on 20-4-1964 and to the third work-man on 24-4-1964 for having committed mis-conduct, the common charge ran as follows:-

(3.) The Company further stated in its application that the Inquiry Officer submitted his findings to the management on 1st October 1964 holding all the three work-men guilty of the charge and that on 12th October, 1964 orders for their dismissal were passed.