WHEELS INDIA LTD Vs. GANESH BAJIRAO VISHWASRAO

JUDGEMENT

(1.) Rule in both Petitions. Rule made returnable forthwith. With the consent of the learned counsel appearing for parties, petitions are taken up for hearing.

(2.) The Petitioner-Wheels India Ltd. has filed Writ Petition No. 992 of 2022 challenging Part-II Award of the Industrial Tribunal, Pune dtd. 5/12/2019 directing it to reinstate the Respondent- Workman with continuity of service and 50% backwages for the period from 6/3/2014 to 24/12/2015. The reinstatement is directed essentially by holding that the punishment of dismissal is disproportionate. Otherwise in Part-I Award dtd. 13/12/2017, the Industrial Tribunal held the enquiry to be just, legal and proper and the findings in the enquiry to be not perverse. Thus, the employee failed in Part-I Award dtd. 13/12/2017, whereas succeeded in Part-II Award dtd. 5/12/2019. During pendency of Writ Petition No. 992 of 2022, the employee-Ganesh Bajirao Vishwasrao has filed Writ Petition No. 14018 of 2022 challenging the Part-I Award dtd. 13/12/2017. Since both the petitions arise out of the same proceedings being Reference (IT) No. 22 of 2014 decided by the Industrial Tribunal, Pune, both the petitions are heard and decided together.

(3.) Briefly stated, facts of the case are that Wheels India Ltd., a company incorporated under the provisions of the Companies Act, 1956, is engaged in the business of manufacturing steel wheels and has a factory at Plot No.C-1, MIDC, Ranjangaon (Ganpati), Karegaon, Taluka-Shirur, District-Pune. The Company had employed 215 Workmen in its factory whose conditions of service are governed by the contract of employment vix. Appointment Order, Model Standing Orders framed under the Industrial Employment (Standing Orders) Act, 1946 and various settlements signed by the Company with Wheels India workers' Union. The Respondent/Workman joined the services of the Company on 9/1/2006 and was designated as a Operator in the Tools Room Department.