CARTINI INDIA LIMITED Vs. RADHIKA SAWANT

JUDGEMENT

(1.) The challenge in this Petition is to the order dated 18.01.2013, passed by the Industrial Tribunal and Labour Court at Panaji (Tribunal, for short) in Reference IT No. 35/2010. By the impugned order, the Tribunal has answered the preliminary issue no. 1 in the affirmative holding that the domestic enquiry conducted against the respondents/workmen, is unjust, illegal and in violation of principles of natural justice.

(2.) The brief facts necessary for the disposal of the Petition may be stated thus: The respondents were employed with the erstwhile M/s. Cartini India Ltd., which is taken over by the petitioner Godrej and Boyce Manufacturing Company Ltd., which is in the business of manufacture and assembling of locks. The respondents were employed with the petitioner between July, 1997 and 1999 initially as probationers and subsequently, their services were confirmed.

(3.) According to the petitioner, the respondents assaulted a temporary workman Ms. Sarita Arjun Naik on 26.07.2008, after which, Sarita lodged a complaint with the police and an offence was registered against the respondents on 18.08.2008 under Section 504 and 323 of IPC. Based on the complaint, the management decided to place the respondents under suspension. It is the material case that, when the order of suspension was sought to be served on the respondents, they refused to accept the same and insulted the Manager/Director of the petitioner, Mr. James Kurian in the presence of Mrs. Carol De Souza e Narvekar Deputy Manager (Commercial) and Mr. Gajendra Parab Assistant Manager (Human Resources). The respondents, thereafter, abused said Officers and incited other workmen to strike work.