SADANAND PATAMKAR Vs. NEW PRABHAT SILK MILLS

JUDGEMENT

(1.) These are two cross petitions against the order dated 19th September, 1969 of the Industrial Court in Appeal (I.C.) No. 100 of 1969.

(2.) Miscellaneous Petition No. 806 of 1969 was filed by the employer on the original side and it was transferred to this Court for hearing along with the Special Civil Application No. 2871 of 1969 filed by the workman. Since both the petitions seek to challenge different directions arising out of the very same order, they are being disposed of by this common judgment.

(3.) Briefly, the facts leading to these petitions are as follows : One Sadanand Patankar was in the employment of Messrs. New Prabhat Silk Mills No. 2, since the year 1960. By an order dated 30th July, 1967 he was suspended from service and later on 2nd August, 1967 was served with a charge-sheet alleging three acts of misconduct, viz., (1) that he was found talking and thus whiling away time on 30-7-1967 at about 6 p.m. (ii) that on 31-7-1967 he misbehaved with one of the partners and abused and threatened one Nari Seth, and (iii) that he instigated the workers to stop work from 2nd August, 1967. The employer-mills held an inquiry into the said charges and the enquiry officer in his finding dated the 29th September, 1967, held that the said charges were proved against the employee. As a result of this finding, the employee was dismissed from service with effect from the 29th September, 1967. Thereafter, the employee made an approach to the employer by his letter dated 14th October, 1967 under S. 42(4) of the Bombay Industrial Relations Act, 1946 (hereinafter referred to as the said Act,) and the said approach being of no avail, he filed an application before the Labour Court, being Application No. 7 of 1967, under S. 79 read with S. 42(4) of the said Act, for reinstatement with full back wages.