RAYON WORKERSS UNION Vs. CENTURY RAYON

JUDGEMENT

(1.) The Petition impugns the award parts I and II of the 4th Labour Court at thane in Reference (IDA) No. 11 of 1991. By award Part I, the Labour Court was of the view that the enquiry held against Petitioner No. 2 (for short, 'the workman') was fair and proper and that the findings drawn by the Enquiry officer had not been seriously objected to. In these circumstances, it was held that the findings of the Enquiry Officer were not perverse. By award Part II, the Labour court allowed the reference partly by directing the respondent-company to pay 30 months' wages to the workman on the basis of last drawn wages along with his other legal dues.

(2.) The facts arising from this petition are as follows: there was an altercation in the factory premises of Respondent No. 1 between one of the workers, Jagat Singh and an outsider. Several workers rushed to Jagat Singh's aid when they found him being assaulted. The workers, agitated by the fact that an outsider was interfering with their trade union activities, stopped the car pf the President of the company, pulled out the driver of the car and assaulted him. The Senior Vice-President (Finance and Administration) , Mr. Kedia who on hearing of the assault on the President S. P. Mandelia, went to his rescue. Mr. Kedia was also assaulted leading to him being hospitalised for almost a month. As a result of this fracas, the 25 workers including the Petitioner- workman were charge-sheeted on 9-4-1997. The following is an extract of the charge-sheet issued to the workman :

(3.) Not being satisfied with the replies to the charge-sheets, the respondents held enquiries against the workmen. Out of the 25 workmen who were charge-sheeted, the enquiry officer absolved 12 workmen of the charges levelled against them. Several witnesses were examined in the enquiry proceedings including the persons, who were assaulted on 4-4-1977. Each of the workmen who was charge-sheeted examined himself besides several other witnesses. The remaining 12 workmen were held guilty of the misconduct alleged against them. Almost all of them were held guilty of the assault on the officers of the company. However, it appears that on account of negotiations between the recognised union and the respondent-company, the company decided to dismiss only 3 workmen out of the 12, while retaining 9 workmen in service. These 3 workmen namely, Jagat Singh, Eswaran and the Petitioner-workman herein were dismissed on 10-9-1980. The Respondent agreed to a joint reference to adjudicate the demands raised on behalf of the three dismissed workmen. Accordingly, a Reference was made for adjudication before the Labour Court being reference (IDA) No 11 of 1991. During the pendency of the Reference, Jagat Singh settled his dispute with the Respondent-company on a monetary basis. He was paid an amount of rs. 78,349/ -. Eswaran died during the pendency of the Reference and the Respondent No. 1 settled all his dues with his legal heirs. The workman is the lone employee who now stands dismissed on account of the incident of 4-4- 1977.