MANASMAN REXORTH INDIA LTD Vs. BHUPENDRA CHANDULAL THAKAR

JUDGEMENT

(1.) BY way of this petition under Article 227 of the Constitution of India, the petitioner has prayed for an appropriate writ, direction and order quashing and setting aside the impugned judgment and award dated 19.2.2003 passed by the Labour Court, Ahmedabad passed in Reference (LCA) No.383 of 2000, by which the Labour Court has directed the petitioner to reinstate the respondent with full back wages and imposing the punishment of withholding of three increments with permanent future effect, while exercising the power under Section 11 A of the Industrial Disputes Act, 1947 and quashing and setting aside the order of dismissal imposed by the management-disciplinary authority.

(2.) A departmental inquiry was initiated against the respondent for the allegation of misbehaving with the officer-employer, talking rudely and spoil all the work of the department etc. That in the departmental inquiry the charge and misconduct levelled against the respondent came to be proved and after giving fullest opportunity, the management passed an order of dismissal. Being aggrieved and dissatisfied with the order of dismissal, respondent raised an industrial dispute, which was referred to the Labour Court, Ahmedabad which was numbered as Reference (LCA) No. 383 of 2000 and the Labour Court exercise the powers under Section 11 A of the Industrial Disputes Act, 1947 held that on the proved misconduct it cannot be said to be very serious in nature, order of dismissal would be disproportionate to the proved misconduct and consequently quashed and set aside the order of dismissal passed by the disciplinary authority / management and substitute the same by imposing the punishment of three increments with permanent future effect and directed the petitioner to reinstate the respondent with full back wages with above punishment. Being aggrieved and dissatisfied with the impugned judgment and award passed by Labour Court, Ahmedabad directing the petitioner to reinstate the respondent, petitioner has preferred the Special Civil Application under Articles 227 of the Constitution of India.

(3.) SHRI Gandhi, learned advocate for the petitioner-management has submitted that, be that as it may to put an end to the entire litigation, the management is ready and willing to pay a sum of Rs.3,50,000/- to the respondent-workman as lump sum compensation, over and above a sum of Rs.7,00,000/- already paid to the respondent workman under Section 17 B of the Industrial Disputes Act. By making above submissions, it is requested to allow the present petition and quash and set aside the impugned judgment and award passed by the Labour Court and / or modified by the same to the extent that management is ready and willing to pay a sum of Rs.3,50,000/- towards lump sum compensation.