JOS Vs. PRESIDING OFFICER LABOUR COURT

JUDGEMENT

(1.) THE award passed by the first respondent in I. D. No. 263 of 1979 is under challenge.

(2.) THE petitioner, a store attender working under the second respondent company, was dismissed from service on his being found guilty of the misconducts enumerated hereunder: " (a) On 16-2-1977 you were shown an indent (No. 443 for G112. i e. coconut oil) issued to you on 15th February 1977 by the Store keeper to issue the materials. Against the said indent you had not issued the materials on 15th and the indent was lying on your table on 16th February 1977. On pointing out the same to you by the Store Clerk, Mr. N. T. Kozhi, you had abused him using all vulgar words and behaved in a riotous and disorderly way in the stores during working hours an act of subversion of discipline. THE materials were issued after considerable delay which affected the mills's production adversely. (b) On 26-2-1977 at about 9. 00 a m. , you were asked to issue 2 rolls of ocean kraft paper for packing, you told the Store Keeper that you cannot issue the same unless some helpers are given to assist you. After considerable delay and argument with the Store Keeper you issued the materials at 10. 30 a. m. without any assistance. In the course of the argument you have abused the Store Keeper with vulgar words. (c) On 4-3-1977 at about 11. 15 a. m. the weaving fitter subramanyam came with an indent for spare parts. THE Score Keeper asked you to issue the same giving the indent to you. While Subramanyam, fitter, tried to enter the stores to collect the materials, you had asked him not to enter the stores and abused him in presence of Store Keeper. You did not issue the materials. (d) On 7-3-1977 the loom shed fitter came with one indent for lubrication oil. THE Store Keeper asked you to issue the same. You did not issue him the oil till 10-3-1977. On 10-3-1977 the said item was taken by asst. Wvg, Master and Wvg. Supervisor. (e) On 11-3-1977 you were shown by the Store Keeper, the register maintained by you in which the incoming materials and their details are noted down by you after opening and checking the packings. It was incomplete and there were so many errors. THE above facts was pointed out to you by the Store Keeper by writing some remarks in the same on 11-3-1977. When the Store Keeper left the store you tore off the pages 127 to 130 from the book, in the presence of the Store Clerk with the intention of hiding the facts that your work was incomplete and full of errors. (f) You were given the indent No. 2402 and asked to issue the material by the Store Keeper on 11-3-77 to the weaving department. You have not issued the material G1, 30 as per the indent so far. "

(3.) AT this stage I would like to observe that the learned counsel for the petitioner fairly conceded that the petitioner is not challenging the correctness of the preliminary order. Normally therefore what remains to be considered is only the question whether the punishment imposed namely the order of dismissal upheld by the award is commensurate with the gravity of the misconduct alleged.