MIHIR TEXTILE LIMITED Vs. NARAYANSING LAYAKSHSING

JUDGEMENT

(1.) The petitioner Mihir Textile Ltd. has filed this petition for a writ of certiorari or any other appropriate writ order or direction quashing and setting aside the impugned judgments and orders Annexures-A and B to the petition.

(2.) The respondent workman was working in the petitioner Mill. On 30-1-1981 when he was working in the night shift at about 5.00 a.m. the Weaving Master of the Mill Shri Chopra called the respondent workman in the office of the Automatic Looms Department and asked him as to why the respondent was not putting on uniform. Thereupon the respondent got excited and started speaking with loud voice and started using filthy language against the Weaving Master. The respondent also challenged the authority of the Weaving Master by asking as to who was the Weaving Master to ask him and that the Weaving Master could do what he can. The respondent also gave a threat to the Weaving Master to see him outside the Mill compound. The Weaving Master also asked the respondent workman as to why he was sitting for longer period outside the Department and as to why he was not discharging the duties entrusted to him sincerely and carefully. Thereupon the respondent workman got further excited and started talking in loud voice and told that he would sit outside for five hours a day.

(3.) In view of the aforesaid incident the respondent workman was given show cause notice on 31 and ultimately after holding inquiry the respondent was dismissed from service vide order dated 22-3-1981.