LUXCO ELECTRONICS Vs. PRESIDING OFFICER INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) This writ petition has been filed challenging the award dated 1.8.1998 passed by Industrial Tribunal, Allahabad in Adjudication Case No. 3 of 1997 connected with two other adjudication cases referred by State Government in respect of two other workmen regarding same incident and were numbered as Adjudication Case Nos. 1 and 2. All these cases were consolidated and Adjudication Case No, 3 of 1997 was taken as leading case.

(2.) The dispute relates to an incident alleged to have taken place on 8.3.1994. The management issued a charge sheet to all the three workers. Smt. Sheo Kumari, respondent No. 4, is alleged to be the Secretary of the Union of the workers. The case of the workers is that the Union Secretary filed a complaint against employers on 16.2.1994 to the Deputy Labour Commissioner, Allahabad. The officers of Labour Department carried out as inspection and several irregularities were found as a result of which management felt annoyed and planned to terminate the services of the union workers. It is further alleged by the workers that on 8.3.1994 one worker Hari Mohan Sharma was assaulted by the Manager as he was demanding bonus. It is further alleged by them that Shri Sharma was pushed out of the gate when other workers protested. Smt. Sheo Kumari made complaint to the Manager who misbehaved with her and assaulted her. The Manager Sri C. S. Lal Srivastava threatened other workers also. Report to police was made but was not registered. The report was registered on 11.3.1994 on intervention of officers and after charge sheeting 3 workers dismissed them after holding ex parte enquiry by order dated 31.10.1996.

(3.) The case of the employer is that the respondent-workmen committed gross misconduct for which they were charge sheeted and on holding a proper enquiry they were dismissed from service as charges were found proved in the enquiry.