SUDHAKAR SHRIDHAR SHELAR Vs. STEELAGE INDUSTRIES LIMITED

JUDGEMENT

(1.) THROUGH this writ petition, the petitioner has impugned the Award of the Labour Court dated 7-6-1995 rejecting Reference (I. D. A.) No. 252 of 1988 for reinstatement with continuity of service and full back-wages.

(2.) THE petitioner was employed as a helper since 1982 with respondent No. 1. He was transferred to FRFCF department in January, 1986. A charge-sheet was issued to him on 30-9-1986 under Standing Order 29 (1) (3) and (12) of the certified Standing Orders applicable to respondent No. 1 for the misconduct of wilful go-slow in the performance of work and for commission of acts subversive of discipline. An enquiry was held against the petitioner and his services were terminated by way of dismissal on 4-8-1977. The petitioner, therefore, approached the machinery under the Industrial Disputes Act, 1947 for redressal of his grievance.

(3.) A reference was made for adjudication before the Labour Court. The petitioner contended, inter alia, in his statement of claim that the enquiry held against him was not in accordance with the principles of natural justice and that he had been transferred in January, 1986 without any justifiable reason due to which he was denied promotion and increment. The respondent contended that the petitioner was held guilty of misconduct and, therefore, there is no question of reinstatement. It was further contended that the go-slow on the part of the petitioner was wilful and deliberate with a view to compel the respondent to transfer the petitioner back to the machine department where he was initially working. It was also contended that the past service record of the petitioner was dismal and, therefore, no latitude should be shown to the petitioner.