GOA BOTTLING CO PRIVATE LIMITED Vs. PRADEEP SARDESSAI

JUDGEMENT

(1.) AN award passed by the Industrial Tribunal is complained against both by the management and by the workman. They have come to this Court seeking relief under Article 226 of the Constitution. Writ Petition No. 180 of l991 is by the management and Writ Petition No. 310 of 1991 is by the workman.

(2.) THE dispute was in relation to the termination of services of the workman Pradeep Sardessai. The workman contended that the termination was for a misconduct, but without conducting an enquiry as mandated by law. He claimed reinstatement in service with back wages, right from the date of termination of his services on 16-5-1978. According to the management, he was surplus to the requirements of the Company having regard to the attenuated nature of its activities which surfaced even as early as in 1975. According to it, the petitioner was juniormost in the category of salesmen. He was being accommodated essentially on humanitarian grounds. When his conduct, however, indicated a defiant attitude, it had exercised its right to retrench the workman. The workman could not be granted any relief in those circumstances.

(3.) THE Industrial Tribunal ultimately came to the conclusion that the action amounted to retrenchment. There was non-compliance with section 25-G of the Industrial Disputes Act and Rule 46 of the Industrial Disputes Rules and consequently the workman was entitled to the relief. The Tribunal declined the relief of reinstatement, and granted monetary relief in the sum of rupees one lac.