TATA INFOMEDIA LIMITED Vs. TATA PRESS EMPLOYEES UNION

JUDGEMENT

(1.) This petition arises out of an order passed by the labour Court at Mumbai on 23rd October, 2001 in a reference to adjudication by which the enquiry in a disciplinary proceeding was held to be fair and proper, but, the finding was declared to be perverse.

(2.) On 19th January, 1991 charge-sheets were issued to ten workmen. A disciplinary proceeding was held in respect of misconducts that were alleged to have been committed on 22nd August, 1990 and 14th September, 1990. In respect of the incident of 22nd August, 1990, the allegation was that the workmen had unauthorizedly left their work place; resorted to an illegal and unjustified stoppage of work and that they had participated in a gherao of the managing Director and the General Manager in-charge of production. The second incident is alleged to have taken place on 14th September, 1990 during the course of which the workmen are alleged to have instigated other workmen to proceed on an illegal strike. The workmen were accordingly charged with commission of acts of misconduct under clauses (a) , (b) , (d) , (k) , (1) and (r) of Standing Order 23 viz. (i) Wilful insubordination or disobedience of a lawful and reasonable order of a superior; (ii) Proceeding on an illegal strike or abetting, inciting, instigating an illegal strike or action in furtherance thereof; (iii) Theft, fraud and dishonesty in connection with the business of the employer or his property and (iv) drunkenness, riotous, disorderly or indecent behaviour on the premises of the establishment.

(3.) During the course of the enquiry, the management led the evidence of four witnesses -