GHATGE PATIL INDUSTRIES LIMITED Vs. DATTATRAYA GANGARAM LOKHANDE

JUDGEMENT

(1.) RULE. Respondents waive service. Taken up on Board for final hearing and heard forthwith.

(2.) THE Petitioner, by the present Petition, impugns the Award dated June 6, 2000 passed by the Labour Court at Kolhapur in Reference (ID) Nos. 26 and 27 of 1983. By the said Award the Labour Court has directed the Petitioner herein in lieu of reinstatement to pay compensation equal to 40 months' wages to each of the workmen with continuity of service and 60% of back-wages and other consequential benefits, till the date of payment of compensation with costs of Rs. 1,000. 00 to each workman.

(3.) THE respondents herein were charge sheeted for alleged misconduct. An Enquiry was conducted. The Enquiry Officer gave his findings. The Competent Authority concurred with the findings and thereafter were pleased to dismiss the Respondents from their services. It is against this, that an Industrial Dispute was raised and a reference made to the Labour court, The Labour Court held that the charge of misconduct was proved. The Labour Court, however, held that there was no material before it to arrive at the conclusion that it was the respondents herein who had abetted and instigated other workers to resort to go-slow and gherao. The Labour Court further observed that in respect of six other workers, who were similarly situated like the respondents herein, a compromise had been arrived at between the Petitioner and the said workers. It found that there were altogether 29 workers who had resorted to go slow and/or gherao, however, no action has been taken against them except for the eight chargesheeted workers. Considering all these aspects the labour Court came to the conclusion that the punishment awarded was disproportionate to the charges proved and established and consequently the order.