HARTEX TUBES PVT. LTD. Vs. JANARDHAN RAJBHAR

JUDGEMENT

(1.) The petitioner is assailing the judgment dated 26.2.2007, rendered by the 1st Labour Court, Nagpur in Complaint (ULPA) 493 of 1997, whereby the dismissal of the respondent 1 herein is declared illegal and the respondent 1 is held entitled to reinstatement in service with continuity and 25% back wages. The petitioner challenged the judgment of the Labour Court, Nagpur in Revision (ULP) 104 of 2007, which the Industrial Court, Nagpur dismissed vide judgment dated 10.11.2014, which judgment is also impugned herein.

(2.) Respondent 1 (workman) filed Complaint (ULPA) 493 of 1997 alleging that he was illegally terminated by the petitioner (employer). The workman averred that he was appointed on 2.3.1992 as Helper and that his service record is clean. The workman was promoted as 'Guli Operator'.

(3.) The workman averred that the employer is engaged in manufacture of rubber tubes used in bicycle and engages approximately 30 employees. The workman alleged that in order to stiffle dissent the employer is habituated to victimizing the employees. The workman averred that he was suspended vide order 12.2.1996 and subsequently was issued charge sheet dated 26.3.1996. According to the workman, the said action was initiated only because he was named as defence witness in an enquiry initiated by the employer against a colleague.