TATA PRESS LTD Vs. INFOMEDIA INDIA

JUDGEMENT

(1.) Considering the facts involved in both these appeals, both these appeals can be conveniently disposed of by a common order.

(2.) The respondent No. 1 in both the appeals is same. It appears that there was some incident of Gherao by the employees of respondent No. 1 on August 22, 1990 a September 14, 1990. Thirteen workmen were involved, according to the Management, in, these incidents. After holding their departmental inquiry, those thirteen workmen were dismissed from service. Two references were made to the Labour Court. Reference No. 281/1995 involved 10 workers and Reference] No. 477/1998 involved 3 workers. In Reference No. 281 Part-I of the Award was made by the Labour Court which is dated October 23, 2001. The Labour Court held that the departmental inquiry that was held was fair and proper but the finding recorded by the Inquiry officer are perverse. Against that Award, Writ Petition No. 1049/2002 was filed in this Court. That Writ petition was disposed of by order dated March 23, 2005 by the learned single Judge of this Court. The learned single Judge held that the findings recorded by the Labour Court that the findings recorded by the Inquiry Officer are perverse, is not justified. The findings recorded by the Inquiry officer were not perverse and that; the misconduct alleged against the workmen involved was proved. The matter was therefore, remitted back to the Labour Court to consider the question whether in view of proved misconduct, the punishment of dismissal on the workmen involved was shockingly disproportionate. That order of the learned single Judge was challenged by the trade Union in Appeal No. 914/2005. It appears that during the pendency of Appeal No. 914/2005, the proceedings under reference No. 477/1998 were taken up before the Labour Court. Before the Labour Court, an application was filed on behalf of the Union dated October 6, 2005. The application reads as under:

(3.) We have heard the learned counsel appearing for both the sides. Now first taking up Appeal No. 914/2005, in our opinion, we cannot consider that appeal on merit at the instance of the trade Union at this stage because of the conduct of the trade Union of filing an application which we have quoted above in Reference No. 477/1998 and the application filed in Reference No. 281/1995. The application that was filed in Reference No. 281/1995 is dated October 4, 2005. It reads as under: