SHRI DEVRAJ CHANDRABALI RAI SHANKAR WADI, PARSI CHAWL Vs. V L KAMBLE MEMBER INDUSTRIAL COURT, AURN CHAMBERS

JUDGEMENT

(1.) By this Petition, the order of the Industrial court in appeal has been challenged by the Petitioner. The Labour Court in an application filed by the petitioner under section 78 of the Bombay Industrial relations Act (for short, 'bir Act') has held that the petitioner was entitled to reinstatement with continuity of service and full backwages from 20. 3.1980. The Industrial Court while exercising its jurisdiction under section 84 of Act has set aside the order of the Labour court and dismissed the application filed by the petitioner under section 78 of the BIR Act.

(2.) The Petitioner was employed with Gold Mohur mills Limited which has baen taken ovar by Raspondant no. l, that is, National Taxtila Corporation (S. M,) limited pursuant to tha Sick Taxtila Undertaking (Taking Over of Management) Ordinance of 1983. He was in employment of the Blow Room Department as a permanent employee and had worked there for about 10 years when he was issued a chargesheat on 21.7.1979. It was alleged in the chargesheet that the Petitioner had alongwith two other workmen assaulted one of their co-employees in the blow-room department. The injured employee was sent to hospital for treatment. The Petitioner it was alleged, had committed a misconduct under Standing Order 21 (K) of the Standing Orders applicable to the Textile Industry. The explanation submitted by the Petitioner was not accepted by the Mill and an enquiry was instituted against him. The enquiry officer held that the petitioner was not guilty of the charges levelled against him. It is the case of the Petitioner that the enquiry officer had earlier held that he was not guilty of the misconduct levelled against him but thereafter on account of the pressure brought about by the representative union the enquiry officer changed his stance and found the Petitioner guilty of the misconduct for assault, etc. The Petitioner's services were therefore, terminated on 23.9.1980. After the approach sent to the Mill by the workman was negatived, the petitioner filad an application undar section 78 of the bir Act. It waa contandad by tha Patitionar that the enquiry held against him was not valid and that the findings were perverse. The respondent in its written statement contended that the assault on the workman, baijnath had resulted in a police complaint being lodged and a criminal case being registered against the petitioner and his Co-workman. Tha respondent denied that the enquiry officer had not conducted a proper enquiry and that his findings were perverse.

(3.) The Labour Court on an assessment of the enquiry proceedings held that the enquiry conducted was fair and proper but that the punishment imposed of dismissal was shockingly disproportionate. The Labour Court was of the view that although the findings of the enquiry were not perverse they were not substantiated by the evidence on record and that the termination of service was not legal and proper. Accordingly, the Labour Court awarded reinstatement with continuity of service and full backwages to the Petitioner.