STAR PAPER MILLS LIMITED, SAHARANPUR (M/S.) Vs. LABOUR COURT, U.P., DEHRADUN DESIGNATED PRESIDING OFFICER FOR DISTRICT SAHARANPUR AND OTHERS

JUDGEMENT

(1.) THIS writ petition is directed against the impugned av fard dated 30th November, 2000, contained in Annexure XII to the writ petition, passed by the designated Presiding Officer, Labour Court, U.P for district Saharanpur.

(2.) THE Labour Court, by the impugned award, decided the reference in favour of the workman and has held that the action of the management in terminating the services of the workman w.e.f. 31.3.1998 is illegal and unjustified. It has further been held that the punishment of termination from service was too harsh and disproportionate to the misconduct. While grating relief of reinstatement with full back wages to the workman, the Labour Court also directed that instead of termination of service, stoppage of one increment and withholding the wages for period of suspension would be the appropriate punishment on the facts and in the circumstances of the case.

(3.) AGGRIEVED by his termination, the workman raised an industrial dispute. The events which led to the termination of services of the workman were that on the fateful day, i.e., on 8th January, 1998, some labourers gathered at time office due to death of one Yunes who died a natural death in the factory, he was brought from the workshop. His body was taken to the hospital where he was declared dead. At abut 13.45 hours, a sudden development occurred. A procession of workmen also reached the gate. Tlie two gates of the factory were closed before their arrival as a precautionary measure. The leaders were allowed to enter the gate and they went inside to discuss the situation with the management. The talks were going on and leaders were coming in and out of the gate. The mob also blocked the road. At about 16.30 hours, the workmen lost patience and tried to climb over the gate. In the meantime, the respondent No. 4 on the instructions of Joint Manager (Administration) opened the small vicker gate to let out persons carrying mail and as a result a situation developed when some workmen forcibly entered through the Vicker gate when it was opened to let out the aforesaid two persons carrying mail.