MAHENDRA K RAUT Vs. GOPALANAND RASAYAN

JUDGEMENT

(1.) These Petitions are filed challenging the Award dated 28 February 1997 passed by the Labour Court, Thane, whereby the Labour Court, rejected the claim of workman for reinstatement with full back-wages and granted compensation of Rs. 20,000/-.

(2.) Writ Petition No. 3141 of 1999 is filed by the workman - Mahendra K. Raut, challenging the Award impugned and the Writ Petition No. 2983 of 2000 is filed by the Management -Gopalanand Rasayan, challenging the Award. Mr. Raut is aggrieved by the denial of reinstatement with full back wages; while the Management is aggrieved by the direction to pay compensation and the finding that the punishment of dismissal is shockingly disproportionate.

(3.) Mr. Raut was employed with the Management. A chargesheet came to be issued against him on 2 May 1983 and 5 May 1983. The chargesheet dated 2 May 1983 alleged that Mr. Raut along with other workmen in willful insubordination and disobedience of the orders of the superiors, went on illegal strike, abetting and instigating or acting in furtherance thereof. It was alleged that on 21 March 1983, Mr. Raut was on duty and in a preplanned and concerted manner along with others stopped work, stopped the plant operations and prevented the loading of finished goods. It was the case of the Management that the notice as required by law was not given and the act of Mr. Raut alongwith the others of going on illegal strike was a misconduct.