GUJARAT LEATHER INDUSTRIES LIMITED Vs. MAHENDRAKUMAR PAWAR

JUDGEMENT

(1.) The petitioner through this writ petition has challenged the legality of the award dated 30.1.1999 rendered by the Labour Court, Bharuch, directing the petitioner to reinstate three respondents to their original post with 60 per cent backwages and continuity of service together with Rs. 300/- as cost and has prayed that the said award be quashed being illegal.

(2.) The brief facts giving rise to this petition are as under:

(3.) The petitioner is a registered Company. The respondents were employed by the petitioner in May, 1980 as machine operators. They were members of the Trade Union. Allegations of serious misconduct were made against the respondents. Show cause notice was given to them on 3.11.1982 under the applicable Standing Orders. The incident occurred on 21.10.1982 between 8.05 a.m. and 8.40 a.m. Explanation of the respondents was not satisfactory hence charge-sheets were served on them. Domestic enquiry was conducted. Pending enquiry the respondents were suspended. The Enquiry Officer after completing enquiry by observing principles of natural justice, submitted a report dated 7.2.1983. On 26.2.1983 the Director of the petitioner Company by a reasoned order awarded major punishment and dismissed all the three respondents. The respondents were heard before the impugned order was passed. The respondents approached appropriate Government and reference of the industrial dispute was made to the Labour Court.