NAND LAL RAI Vs. HINDALCO INDUSTRIES LTD.

JUDGEMENT

(1.) LEARNED Counsel for employer respondent No. 1 has filed counter -affidavit which is taken on record.

(2.) THE matter which was referred to the Labour Court was as to whether action of employer -respondent No. 1 terminating the services of its workman -petitioner with effect from 10.11.1989 was just and valid or not. Through interim order dated 13.4.1998 Labour Court held that the domestic inquiry against the petitioner was fair (services of the petitioner had been terminated after domestic inquiry).

(3.) IN the award it is also mentioned that earlier also some warnings had been issued to the workman and on some earlier occasions he was suspended for few days. It is not mentioned any where that how much was the estimated quantity of the molten aluminium which over flowed and did not reach the appropriate place. Over flowing a very small amount of molten aluminium and giving of reply in loud voice in a room where temperature is about 100 degree centigrade cannot be said to be a misconduct warranting termination. There was no allegation that the workman abused his seniors.