SATISH GANESH SAPHTARSHI Vs. KIRLOSKAR OIL ENGINES LTD

JUDGEMENT

(1.) A finding of misconduct having been arrived at in the course of a disciplinary enquiry held by the employer and, upon the imposition of a penalty of dismissal, the Petitioner workmen filed a complaint in the First Labour Court, Pune. The complaint was to the effect that the employer had committed an unfair labour practice under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971. The complaint was initially rejected by the Labour Court by an order dated April 30, 1986. The aggrieved workmen filed a Petition under Article 226 of the Constitution in this Court. By a judgment and order dated January 30, 1995, the Learned single Judge, Mr. B. N. srikrishna, held that the disciplinary enquiry had been vitiated by npn observance of the principles of natural justice, in that the statements and reports of witnesses on the basis of which the charges were framed were not supplied to the workmen. At that stage, apart from the enquiry documents, no evidence had been led before the Labour Court. Consequently, the learned single Judge, while setting aside the order of the Labour Court, directed that both sides may be given an opportunity to lead evidence, before the Labour Court so that the Labour Court could decide on an appraisal of the evidence as to what relief, if any, needs to be given. Evidence was thereafter led before the Labour Court. By an order dated January 27, 1997, the Labour Court held that the charge of misconduct was proved and the penalty of dismissal was not shockingly disproportionate. That order had been confirmed, in revision, by the Industrial Court on April 22, 1999. The present proceedings have been initiated in order to challenge the decision of the Industrial Court.

(2.) THE Petitioners were, at the material time, employed by the Respondents in their factory at Kirkee. The Petitioners belonged to the Datta Samant Union. There were two. different unions namely, the Association of Engineering Workers to which the Petitioners belonged and another union called the Rashtriya Engineering Shramik Sangh. The charge against the Petitioners is that on April 24, 1982 during the course of a Shiv Jayanti Puja, an altercation took place within the precincts of the factory. An employee of the Respondents, S. V. Kulkarni, was alleged to have been severely assaulted by the Petitioners. Another employee, S. V. Athale was also alleged to have been assaulted in the course of the incident. As a result of the assault, Kulkarni sustained a fracture on his nasal bone and other injuries. The charge involved was that the Petitioners had indulged in riotous behaviour in the factory premises and were guilty of a serious misconduct under Clause 22 (11), (12) and 26 of the Certified Standing Orders.

(3.) THE Labour Court as well as the Industrial Court have arrived at the concurrent findings of fact. Both the courts have found that the Petitioners were guilty of committing the misconduct alleged against them. The case of misconduct was held to have been established through the evidence of S. V. Kulkarni and S. V. Athale who were the two employees who had been assaulted and of another employee Sarote. The 1st two witnesses were eye witnesses to the incident and were injured in the course of the assault. These witnesses deposed that while Shiv Jayanti Puja was being performed, and Kulkarni was applying Gulal to the persons present, Petitioner Nos. 1, 2 and 3 assaulted Kulkarni with fist blows. Petitioner Nos. 4 and 5 also assaulted Kulkarni, and Petitioner No. 4 kicked him on the eye brow. The nasal bone of Kulkarni was fractured and he suffered a bleeding injury. The matter was thereafter immediately reported to the factory Manager and that report was Exhibit 68 in the evidence. A complaint was also lodged with the Bopodi Police Station. The injured employees were sent to Sasoon General Hospital and their medical certificates were produced on the record. Kulkarni also deposed that he was taken to the hospital of Dr. Paranjape where an X-ray was taken.