INFANT MILK FOOD FACTORY Vs. LABOUR COURT

JUDGEMENT

(1.) Feeling aggrieved by the award of the Labour Court No. 1, dated September 26, 1979, holding that the petitioner-employer had acted illegally in discharging the driver, Respondent No. 3, with effect from May 22, 1973, and directing his reinstatement with full back-wages, the petitioner-employer has approached this Court seeking redress praying for the quashing of the impugned award.

(2.) Heard Learned Counsel and perused the record. It appears that Respondent No. 3, who was employed as a driver for driving the staff bus of the petitioner, had dashed the bus against a Government roadways bus resulting in damage to the bus whereafter he was charge-sheeted and asked to explain as to why disciplinary action may not be taken for rash and negligent driving, for not lodging any complaint of the accident with the police; for exceeding his authority by executing an agreement with a Government roadways driver and for the incurring loss and damage to the factory. In the domestic enquiry, it was found that Respondent No. 3 acting in haste and without caring for the safety of the bus and passengers travelling therein, had tried to overtake the Government roadways bus and while so doing the factory bus had dashed against the Government roadways bus and damage was caused to the factory bus to the tune of Rs. 800 to 900. It was also found that Respondent No. 3 had intentionally avoided filing any complaint with the police and further had exceeded his authority by entering into an agreement with the driver of the Government roadways bus. In the domestic enquiry, the charges levelled against Respondent No. 3 were found to be proved beyond any shadow of doubt. The management of the petitioner thereafter appears to have decided to discharge Respondent No. 3 from the service of the factory after giving one-month wages in lieu of the notice period. This punishment was awarded after taking into consideration the previous service record of Respondent No. 3 which showed that he had been warned for dishonesty ; for late running of the bus ; for carrying outsiders in the factory bus and charging fare from them and leaving duty without permission ; for disobedience of the order of superiors, etc.

(3.) On an industrial dispute having been raised the State Government made a reference to the effect as to whether the discharge of Respondent No. 3 with effect from May 22, 1973, was valid and if not in that event to what relief and damages he was entitled.