KHANDELWAL FERRO ALLOYS LTD Vs. MEMBER INDUSTRIAL COURT

JUDGEMENT

(1.) IT is rather unfortunate that the departmental enquiry should have been prolonged only because of the wrong and incorrect interpretation of the Standing Orders. This petition filed by the management complains about the callous manner in which an interlocutory order is passed by the Industrial Court, Nagpur in stopping the disciplinary action against some of the workers and further directing the management to withdraw the order of suspension and to allow those workers to do their regular job. The management prays for quashing the order which according to them is wholly without jurisdiction.

(2.) IT is not necessary for this Court to go into the background of the Industry and its precarious financial position. Suffice it to say that no manufacturing operations are being carried out since 1989 in the factory of 'khandelwal Tubes' which is a separate unit altogether. A compressor which is the property of manganese mines is also owned by the petitioner-Company. It is alleged that because of the non-renewal of the lease the mines had to be closed and the compressor which was at the mines was brought to the factory of Khandelwal Tubes. It was lying idle. It being a costly machinery, it seems that the management decided to use the compressor in the ferro Manganese Plant - another unit of the petitioner-Company. A Dumper Truck was : hence arranged on 24. 10. 1991 for transporting the compressor from one unit to the other. The compressor being heavy, it had to be lifted by crane. The six crane operators are said to have been called one by one to operate the crane and to load the compressor in the said Dumper. It is said that each one of the said crane operators refused to operate the crane and obey the lawful and reasonable orders of the superiors. Hence, the management served letters, all dated 25. 10. 1991 to the crane operators in which all circumstances alleged against them and which constitute misconduct under the certified Standing Orders were mentioned.

(3.) THE respondent Union-immediately filed a complaint before the Industrial Court under relevant provisions of Maharashtra Recognition of Trade Unions and Prevention of Unfair labour Practices Act (hereinafter referred to as "the Act") seeking the relief of withdrawal of the suspension order dated 25. 10. 1991 and to direct the management to desist from proceeding with the disciplinary action. A consequential relief of directing the management to employ the crane operators was also sought. Simultaneously, an interim relief under provisions of Section 30 (2) of the Act was also claimed by a separate application.