WEST INDIA STEEL COMPANY LTD Vs. AZEEZ

JUDGEMENT

(1.) Two writ petitions challenge the award of the Labour Court by which a substantial finding of guilty in a domestic enquiry was upheld by the Labour Court, but the punishment modified as one from dismissal to that of discharge. The management is aggrieved because the Labour Court has diluted the rigour of the punishment The workman says that he should have been reinstated with backwages.

(2.) The gravamen of the charge is that the workman, President of the Trade Union, caused obstruction to the work in the factory for about five hours, when a particular worker, Krishnan, was deputed for work in the millets clearing section.

(3.) In the enquiry there was evidence, direct evidence, on that aspect The Assistant Foreman was a witness. He spoke in terms of the charge. The entirety of the evidence was placed before the Labour Court If the evidence is accepted, the charge is clearly established.