RAPTAKOS BRETT CO LTD Vs. VIJAY G PANDIT

JUDGEMENT

(1.) HEARD the learned advocates for the parties. Perused the records.

(2.) THE petitioners challenge the Award Part-I passed by the Labour Court at Thane in Reference No. 81 of 1985 on 11th May 1994 holding that the domestic enquiry held and conducted for proving the charges against the respondent No. 1 was not fair and proper and, therefore, the petitioner employer is at liberty to prove the charge of misconduct by adducing the evidence.

(3.) FEW facts relevant for the decision are as under - The respondent No. l, who was working in maintenance Department of the petitioners factory at 1st Pokhran Road, Kajiwada, Thane. The respondent No. 1 having joined the services from 1st January 1980 was allegedly found involved in a quarrel with a co-worker by name V. K. Shirishkar on 15th December 1982 after the shift hours while travelling in company's bus to Kopri colony, Thane Railway Station. It appears that the allegation against the respondent No. 1 included assault on the co-worker as well as causing injury by throwing and hurling stones at him. The said co-worker had lodged a complaint with the petitioners on 16th November 1982 in that regard. On the basis of the said complaint, the charge-sheet dated 28th December 1982 alleging grave and serious misconduct under clauses 24 (k) and 24 (1) of the Model Standing Orders came to be issued to the respondent No. 1 calling for his explanation. By a letter dated 29th December 1982, the respondent requested for 4 days time to submit the explanation. The Enquiry Officer came to be appointed by the petitioners on 3ist December 1982 and it was simultaneously informed to the respondent. Under letter dated 3rd January 2003, the respondent denied the charges and submitted his explanation. The enquiry commenced on 8th January 1983. One Shri P. S. Sawant, vice President of Maharashtra General Kamgar Union appeared on behalf of the respondent in the said enquiry and sought the adjournment of the hearing of the enquiry which was adjourned to 20th January 1983. It was again adjourned at the instance of Shri P. S. Sawant to 31st january 1983, on which day the respondent placed on record of the enquiry, a letter dated 29th January 1983 from Maharashtra General Kamgar Union appointing Shri s. A. Vaswani to defend the respondent in the said enquiry. The enquiry was adjourned to 19th February 1983 and thereafter again to 8th March 1983 in order to enable the parties to fi. le papers and authorisations, etc. It was adjourned for the same purpose to" 24th march 1983, on which day at the request of Shri Vaswani it was adjourned to 21st April 1983 and again on the later date to 27th April 1983 at the instance of Shri vaswani. On 27th April 1983, neither the respondent nor his representative nor the petitioner was present and, therefore, the enquiry was adjourned to 24th May 1983 and it was accordingly informed to the parties by the enquiry Officer.