HALDYN GLASS LTD Vs. MAHARASHTRA GENERAL KAMGAR UNION

JUDGEMENT

(1.) TWO petitions are before the Court in these proceedings under Article 226 of the Constitution. Both the petitions are directed against an award dated 30th March. 2000 of the 6th Labour court at Mumbai.

(2.) THE petitions, it is common ground, relate to termination of the services of two workmen, Eknath Harishchandra Katkar and Dinanath Sharda Yadav, on a charge of misconduct. Two charge-sheets were issued to Eknath Katkar by the employer. The first charge-sheet dated 10th January, 1984 recited that it is alleged that on 9th January, 1984, while he was on duty at about 12. 10 p. m. , the workman acting in concert with certain other workmen, incited instigated and abetted the workmen of the Quality Control Department on duty to willfully show down their performance of work during normal conditions as also to reject good bottles and pass bad bottles with a view to casuing loss of production and wrongful loss of revenue to the employer. This, it is alleged, was to pressurise the employer into conceding the illegal charter of demands raised by the unrecognised Union of Dr. Datta Samant, the maharashtra General Kamgar Union. It is alleged that as a result of instigation incitement and abetment, the workmen of the Quality Control Department of the first shift had slowed down the work, had rejected good bottles and passed certain bad bottles causing loss to the company. It is also alleged that the workmen had instigated the other workmen in the Quality Control department into shouting slogans, wooing, cat calling and drum beating in order to create commotion on the shop floor during working hours.

(3.) THE second charge-sheet dated 19th January, 1984 alleges that on 16th january, 1984, at about 10. 30 a. m. when the Jeep belonging to the employer was proceeding towards Andheri Railway Station to pick up the staff members, the charge-sheeted workmen along with several others, pelted stones on the jeep causing damage to the jeep and in furtherance thereto, obstructed and prevented the said Jeep coming towards Andheri Station. 3-A. Similar charge-sheets dated 10th January, 1984 and 19th January, 1984 were issued to the second workman, Dinanath. In addition, a chargesheet dated 9th February, 1984 was issued to Dinanath in which it was alleged that on 8th February, 1984, at about 8. 20 a. m. when a contract carriage vehicle of the company was on its way to the factory to drop staff members working in the General Shift, the charge-sheeted workmen had, together with others, stopped the jeep when it reached the Western Express Highway and threatened the driver with dire consequences for plying the contract bus.