SARABHAI MACHINERIES Vs. RAMDEV RAMBHAROSA YADAV

JUDGEMENT

(1.) The petitioner Sarabhai Machineries (hereinafter referred to as, Sthe Industry ), an industry within the meaning of Section 2(j) of the Industrial Disputes Act, 1947 (hereinafter referred to as, Sthe Act ) has preferred the present petition against the judgment and award dated 17th April, 2001 passed by the Labour Court, Vadodara in Reference LCV No.841/1992. The respondent is the delinquent workman.

(2.) For an incidence of assault by the workman on the Works Manager on 12th May, 1988, a disciplinary proceeding was held against the workman. By order dated 13th January, 1992, the imputation of charge was held to be proved. For the guilt proved against the workman, he was dismissed from service. Feeling aggrieved, the workman raised industrial dispute which came to be referred to the Labour Court, Vadodara and registered as above. According to the workman, the incidence in question had not occurred and that the workman was entitled to reinstatement in service with consequential benefits including the back-wages. The reference was contested by the Industry. The papers of the inquiry proceedings were placed before the Labour Court. Before the Labour Court, the workman did not challenge the legality of the disciplinary proceeding held against him. However, he did challenge the finding of guilt recorded against him. The learned Labour Judge, in exercise of power conferred by Section 11A of the Act, held that the punishment of dismissal from service imposed upon the workman was too harsh and not commensurate to the guilt proved against him. Considering his long service of 18 years and otherwise clean service record, the learned Labour Judge, by impugned judgment and award, set-aside the order of dismissal from service made against the workman. The Industry was directed to reinstate the workman in service with the benefit of continuity in service and to pay him 50% of the back-wages. Feeling aggrieved, the Industry has preferred the present petition.

(3.) Pending this petition, the Industry has closed its business. In view of the closure of the business, by order dated 13th March, 2007 made on Civil Application No.13284/2006 the interim direction to comply with Section 17B of the Act issued against the Industry has been vacated.