GLOBE THEATERS PVT. LTD Vs. JOSEPH BARRETTO

JUDGEMENT

(1.) These are cross Petitions filed by the employer and the workman challenging the award dtd. 8/1/2020 passed by the Presiding Officer, 6th Labour Court, Mumbai. By the impugned Award, the Reference relating to dismissal of employee from service has been answered in affirmative and punishment of dismissal imposed on him on 10/9/2013 has been set aside by replacing the same with penalty of withholding of two increments from 10/9/2013. The Labour Court has further directed the employer to reinstate the workman on his original post with continuity of service and other consequential benefits alongwith 50% backwages from 11/9/2013. The employer is aggrieved by the entire Award and has filed Writ Petition No.7238 of 2023. On the other hand, the workman is aggrieved by the Award to the limited extent of denial of 50% backwages and imposition of penalty of withholding of two increments and had filed Writ Petition No. 5284 of 2023.

(2.) M/s. Globe Theaters Private Limited (employer) is a private limited company engaged in the business of exhibition of films and runs a famous movie theater named 'Regal Cinema' in Mumbai. Mr. Joseph Barretto (workman) was employed on the post of Operator at Regal Cinema with effect from 15/6/1980. Disciplinary Enquiry was initiated against the workman by service of charge-sheet dtd. 6/11/2012. It was alleged that on 2/11/2012 the workman entered in the booking counter of the Cinema and threatened Mr. Krishna Babu Gumala, a temporary Booking Clerk stating that he was taking away the jobs of Union members and that the workman threatened said temporary Booking Clerk that he would be beaten severely outside the gate in the event of he continuing to report for work. Accordingly following misconduct was alleged as per Model Standing Orders:

(3.) The workman denied the charges and submitted his Reply dtd. 8/11/2012. After conducting enquiry, the Enquiry Officer submitted report dtd. 16/8/2013 holding that the charges leveled against the workman were proved. The workman submitted his reply to the report of the Enquiry Officer on 5/9/2013. The employer thereafter passed order dtd. 10/9/2013 terminating the services of the workman by way of dismissal with effect from 11/9/2013.