AHMEDMIYA AHMEDJI Vs. INDIAN HUME PIPE CO LTD

JUDGEMENT

(1.) By this petition filed under Article 226 of the Constitution of India, the petitioner has impugned order dated 12th December 1989 passed by Shri S. G. Bhosale, Presiding Officer, 5th Labour Court, Bombay, in Reference (IDA) No. 94 of 1980.

(2.) By an order dated 13th March 1979, passed by the management of respondent No. 1 company, the petitioner was dismissed from service.

(3.) The Deputy Commissioner of Labour (Conciliation), Bombay, made a reference to the 5th Labour Court at Bombay being Reference (IDA) No. 94 of 1980 for adjudication of industrial disputes between the respondent No. 1 and the Union Bharatiya Kamgar Sena. By Award (Part-I) dated 8th April 1988, the respondent No. 2 held that the domestic enquiry held by the management against the petitioner herein was against the principles of natural justice and hence bad in law. The management was thereupon permitted to lead evidence on merits before the Labour Court in respect of the allegations appearing in the charge-sheet. After the evidence was recorded, the Labour Court reached the conclusion that the charges levelled against the petitioner were proved and the petitioner was guilty of misconduct. The Labour Court held by its impugned Award (Part-II) dated 12th December 1989 that the petitioner workman had committed serious misconduct and his dismissal was justified. The Labour Court held that the petitioner was not entitled to reinstatement or to back wages.