PRECISION ELECTRONIC INDIA LTD Vs. PJ TRIVEDI

JUDGEMENT

(1.) This petitioner has challenged the judgement and award dated 18th May 1999 passed by the Labour Court, Vadodara in Reference (LCV) No.705 of 1987 whereby the Labour Court directed the petitioner to reinstate the workman on his original post with 60% back wages.

(2.) The respondent herein was serving with the petitioner as a fitter. According to the petitioner, with a view to damage the production and productivity of the company the respondent adopted practice and style of go slow in duty which resulted in less production. A show cause notice was issued and thereafter a departmental inquiry was conducted. Ultimately the respondent was dismissed from service. The respondent therefore raised a dispute which was referred to Labour Court and the Labour Court passed the award as stated hereinabove.

(3.) Mr. Dave for the petitioner submitted that there was serious misconduct on the part of the respondent workman and the Labour Court ought not to have ordered reinstatement of the petitioner. He further submitted that while exercising powers under section 11A of the Act the Labour Court has not imposed any penalty. He has relied upon a decision of the Apex Court in the case of U.P. State Road Transport Corporation Vs. Vinod Kumar, reported in (2008)1 SCC 115 wherein it is held that the Labour Court could not examine the findings of the enquiry officer and hold that the charge was not proved.