SRI GOPALAKRISHNA MILLS PVT LTD Vs. LABOUR COURT

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioner-management for the issue of a writ of certiorari to quash the award of the Labour Court, Coimbatore passed in I. D. No. 55/76 on 20-12-1976.

(2.) THE petitioner-management is a Textile Mill at Coimbatore engaged in the manufacture of yarn. The 2nd respondent herein, was employed by the management as a spinning doffing boy and his duties inter alia included the work of doffing. During the 2nd half of the day shift on 13-9-1975, the 2nd respondent refused to attend to his doffing work despite his superior ordering him to do so, saying that he would attend to his work only after the maistry fetched him a basket. Even after he was served with a charge-sheet and a suspension order for his refusal to attend the work he remained in the mills and did not permit a substitute who was placed in his post to attend to his work. By his refusal to permit a substitute to work in his place be caused obstruction to the production process leading to the stoppage of all machines which resulted in the other workmen not being provided with work. Even after the shift was over, he continued to remain inside the mill premises which led to the stoppage of the next shift also. As a result of the aforesaid conduct of the second respondent on 13-9-75, two charge sheets dated 13-9-1975 and 14-9-75 were served on him and he was asked to give his explanation. As the explanation offered by him was not found satisfactory, the management ordered an enquiry to be conducted on the charges. An enquiry was actually held into the charges by an enquiry officer appointed for the purpose. The 2nd respondent fully participated in the enquiry. After considering the defence put forward by him, the enquiry officer gave his findings on 21-10-75 holding him guilty of the charges levelled in the two charge-sheets. Agreeing with the finding and taking into consideration the gravity of his misconduct and his past record of service, the management passed orders on 1-11-75 dismissing him from service.

(3.) THE second respondent raised an industrial dispute regarding his non-employment that dispute was referred to the first respondent for adjudication in G. O. Rt. No. 907, Labour and Employment dated 29-476 and the said dispute was numbered as I. D. No. 55/76.