KANNAN DEVAN HILLS PRODUCE COMPANY Vs. INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) THIS is an appeal against the decision of the learned single Judge of this Court refusing to quash the order of the industrial tribunal, Ernakulam, in an application under Section 33 (2) of the Industrial Disputes Act 1947 (hereinafter referred to as the Act), for approval of the appellant's action in dismissing from service an employee of theirs, F. M. Fernandez, respondent 2 in this appeal.

(2.) RESPONDENT 2 was a workman employed in the Munnar workshop of the appellant-company. He was charge sheeted under standing order 22 (ft) of the standing orders for the workmen in the company. The charge against him was that on 17 September 1959 at about 9-30 a. m. while on duty in the workshop he in conjunction with one Arogyaswami and Christy Jeyaraj quarrelled with motor mechanic M. C. Mathew and abused him in filthy language because of his having resigned his membership from the K. D. H. P. Company Engineering Employees' Union.

(3.) RESPONDENT 2 denied the charges levelled against him. An enquiry was, therefore, held according to the standing orders and respondent 2 was given full opportunity to produce his evidence and to cross examine witnesses produced by the management against him. As a result of the enquiry thus held the management found that the charges were proved and that the employment of respondent 2 would be detrimental to the interests of the company and he was therefore dismissed from service. Notice was given to him to take one month's wages in lieu of notice under proviso to Section 33 (2) of the Act. Respondent 2 refused to receive the wages.