PEPSICO INDIA HOLDINGS PRIVATE LIMITED Vs. NOSHIR ELAVIA

JUDGEMENT

(1.) THROUGH this writ petition, the petitioner has impugned the order of the Industrial Court passed in a complaint filed under Item 9 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971.

(2.) A few facts of the case in brief are as follows : the respondent-workman joined Duke and Sons in 1983. He was appointed as an Assistant in Sales Department. He was later working as a Sales Co-ordinator. In 1994, the petitioner-company took over the business of Duke and Sons. Some persons employed with the petitioner accepted the Voluntary Retirement Scheme offered to them. The respondent was also offered this scheme, but did not accept the same. The respondent received salary inclusive of Dearness Allowance and other allowances. Some time in December, 1994, the respondent availed of leave of 15 days i. e. 5 days in January, 1994 and 10 days in February 1995. The respondent was issued a show-cause notice and he informed the petitioner that he had to attend to his ailing mother and, therefore, was unable to attend to duty. His leave of absence was then adjusted and the respondent received full wages for the months of December, 1994 and January 1995. Thereafter on 29-3-1995, the respondent was issued a letter of termination.

(3.) THE respondent, therefore, filed a complaint under Item 9 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (hereinafter referred to as the Act) before the Industrial Court. The allegation in the complaint is that the petitioner had committed an unfair labour practice under Item 9 of Schedule IV of the Act by terminating the services of the respondent without issuing any charge-sheet and without conducting any enquiry. The respondent prayed that the petitioner should be directed to withdraw and cancel the termination order dated 29-3-1995. An application for interim relief was also made and the interim relief sought was for reinstatement in service or payment of monthly salary on the 7th of each month.