DANFOSS SYSTEMS LIMITED Vs. JOHNSON GOMES

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of the learned counsel appearing for parties, Petition is taken up for hearing and disposal.

(2.) The Petitioner-Danfoss Systems Ltd. has filed this petition challenging the Award dtd. 25/11/2019 passed by the Presiding Officer, First Labour Court, Pune in Reference (IDA) No.11/2014. The Labour Court has answered the Reference in the affirmative and has set aside the dismissal order dtd. 30/7/2013 and has directed Petitioner to reinstate Respondent-Workman with continuity of service and full backwages from the date of dismissal till reinstatement alongwith consequential benefits. Petitioner has been granted liberty to impose punishment other than dismissal on Respondent-workman.

(3.) Petitioner is engaged in the business of manufacturing of hydraulic pumps and other products and has factory at Pimpri, Pune. Respondent was engaged by the Petitioner in its factory. On allegation of forging of gate pass and missing from the place of work, Petitioner issued chargesheet dtd. 3/2/2013 to Respondent and after conducting domestic enquiry, terminated his services on 30/7/2013. At Respondent's behest, industrial dispute was referred to the Labour Court, Pune and numbered as Reference (IDA) No.11/2014. Respondent fled his Statement of Claim, which was resisted by Petitioner by fling Written Statement. Labour Court framed preliminary issues about fairness of the enquiry and perversity in the findings. Labour Court rendered Part-I Award dtd. 17/3/2017 and held that the enquiry held by Petitioner was legal, fair and proper and in accordance with principles of natural justice. It further held that the findings recorded in the enquiry were not perverse. The Labour Court thereafter proceeded to decide the remaining issues relating to proportionality of the penalty and validity of termination order. The Respondent led evidence by examining himself as a witness. Petitioner led evidence of Mr. Sunil Sharad Dalvi. After considering the evidence on record, the Labour Court delivered Part-II Award dtd. 25/11/2019 and held that the punishment imposed on Respondent was shockingly disproportionate. It therefore set aside the dismissal order dtd. 30/7/2013 and has directed Respondent's reinstatement with full backwages with liberty to Petitioner to impose lesser punishment than that of dismissal. Aggrieved by Part-II Award of the Labour Court, Petitioner-employer has fled the present petition.