THE WORKMAN REPRESENTED BY THE GENERAL SECRETARY, MADRAS PORT UNITED LABOUR UNION, MADRAS Vs. THE CHAIRMAN, MADRAS PORT TRUST, RAJAJI SALAI, MADRAS AND THE PRESIDING OFFICER, INDUSTRIAL TRIBUNAL, MADRAS

JUDGEMENT

(1.) The union sponsored the dispute regarding the validity of the order of termination of two workmen who were its members. The Labour Court has upheld the termination But, while so doing has directed that they be paid salary till the date of the order of the Labour Court by relying the decision of the Supreme Court in the case of Desh Raj Gupta and Industrial Tribunal IV, Lucknow and another, (1991 (1) LLJ 120). The workmen as also the employer have questioned the award to the extent it is prejudicial to them.

(2.) The charge against the workmen was that they had assaulted a co -worker in the premises of the employer. The facts that the employee said to have been assaulted and the workmen so accused had a physical contact on that day on the staircase leading to one of the offices in the premises of the employer as also the fact that there was a gate meeting that evening of a union to which the delinquent workmen belong, are undisputed. It was the case put forward by the Management that the assault was by reason of the fact that the person assaulted belonged to a different union and had declined to attend that gate meeting.

(3.) The Labour Court recorded evidence of the parties itself after having declined to act on the enquiry report. After discussing the evidence placed before it, it came to the conclusion that the incident had indeed occurred, that there was an assault and that the workmen were guilty.