MAFATLAL ENGINEERING INDUS LTD Vs. ISHWARBHAI K MAKWANA

JUDGEMENT

(1.) Both these petitions are heard and disposed of by this common order as they are arising out of the impugned common Judgment and Award dated 7.8.1993, passed by the Labour Court, Vadodara, in Ref. (LCB) No.935 of 1984, whereby the Labour Court set aside the order of termination of the workman and order to reinstate him in service with 25 % of back wages and continuity in service and all other benefits of service.

(2.) The employer Mafatlal Engineering Industries Ltd. has challenged the impugned Judgment and Award passed by the Labour Court ordering reinstatement of the workman with 25 % back wages, whereas the workman has filed Special Civil Application No.8580 of 1994 claiming remaining back wages of 75 % which was not granted to him by the Labour Court while passing the order of reinstatement in service.

(3.) The workman Ishwarbhai Kanjibhai Makwana was serving in Painting Department of the factory of the Employer Mafatlal Engineering Industries Ltd. He was served with charge-sheet dated 29.10.1982 for the misconduct committed by him in which one Shri J.R.Parikh was appointed as Inquiry Officer. On 13.2.1983 the workman misbehaved with the Inquiry Officer in that inquiry and also abused him. Thereupon, he was served with another charge-sheet dated 14.2.1983 for his said misconduct of abusing the Inquiry Officer. He was also served with another charge-sheet dated 20.4.1983 for the gross and serious misconduct of abusing and assaulting the Supervisor and indulging in riotous, disorderly and indecent behavior while on duty in Company's premises for the incident which took place on 19.4.1983. He was on duty on that day i.e. on 19.4.1983 in the first shift, at about 9.05 am he was smoking "Bidi" sitting on a small drum and simply wasting time. Thereupon, the Supervisor Shri A.V.Petkar told him to get-up and start his work, but he did not respond to it and made threatening posture against his Supervisor. Shri Petkar left at that time but when he again came back at 9.20 a.m. to the Painting shop he was asked by the workman to provide filter cloth. He was already given filter cloth on a previous day, therefore, Shri Petkar inquired from him about the same. On being asked, the workman got infuriated and started abusing his Supervisor in the most indecent and filthy language. When he was asked to stop abusing he became more aggressive and took wooden plank lying there and assaulted his Supervisor with the same. Fortunately the Supervisor caught hold that plank with his both hands and, therefore, he could be saved himself with more serious injuries on his person. For his misconduct he was served with another charge-sheet dated 20.4.1983 (Annexure:B).