KANJIBHAI NANJIBHAI Vs. PARSURAM POTTERY WORKS COMPANY LTD

JUDGEMENT

(1.) This petition is directed against the judgement and award dated 19th February 2002 passed by Labour Court, Surendranagar in Reference (LCS) No.259 of 1990 whereby the Labour Court rejected the reference.

(2.) According to the petitioner he was employed in Cup & Saucer department of the respondent. There were about 250 workmen in the said department. The company gave a notice that these workmen should work in other department and at that time there were about 58 workmen in the said department. Some of the workmen started working in the other department and some workmen did not. The petitioner and three other workmen were discharged from service for not resuming duties in the other department. All the four workmen raised an industrial dispute challenging the termination from service. The dispute in respect of three other workmen was referred to Labour Court and numbered as Reference (LCS) No.935 of 1989 and the dispute of the petitioner was numbered as Reference (LCS) no.259 of 1990. The reference of other three workmen was partly allowed and the reference of the petitioner came to be rejected against which the present petition has been filed.

(3.) According to the petitioner the Labour Court has erroneously rejected the reference while partly allowing the reference of other three workmen. Learned Advocate further submitted that the misconduct alleged against the petitioner was not so serious or grave as to warrant the punishment of discharge from service and therefore the reference should have been allowed.