KELVION INDIA PVT. LTD. Vs. SHIVAJI TUKARAM GAWARI

JUDGEMENT

(1.) These petitions are filed by the Petitioner-employer challenging Part-I Award (order on preliminary issues) passed by the Presiding Officer, Labour Court-4, Pune on 17/10/2024 relating to perversity in the findings of the Enquiry Officer. The Labour Court has held that the departmental enquiries conducted against the Respondent-workmen are legal, fair and proper. However, it has held that the findings recorded by the Enquiry Officer are perverse.

(2.) The Petitioner is engaged in the business of manufacturing compact fin heat exchangers, plate heat exchangers, single tube heat exchangers, transformer cooling system etc and also provides solutions to various industries, including transportation, energy, oil, gas etc. Respondents were working with the Petitioner in various positions as workmen. Respondents were served with the chargesheets on 3/3/2020 in connection with incident that allegedly occurred on 19/2/2020. It was alleged in the chargesheets that on 19/2/2020 at about 7.00 a.m. office bearers of Shivkranti Kamagar Sanghtana called upon the workmen to gather at the gate of the factory. Instead of starting the work and performing normal duties, the workmen gathered in front of the gate of the factory. That the Managing Director of the Company attempted to pacify the union leaders, as well as the entire mob of the workmen and repeatedly requested them not to resort to any indiscipline and to commence the work. However, the mob of the workmen refused to act on the request of the Managing Director and later became violent. It is alleged that the mob broke glasses, threw stones on the bus and security cabin. The Company was left with no option but to call the police. The crowd went on rampage till arrival of the police at 9.00 a.m. The police disbursed the mob and arrested the union leader and few others. It was alleged that since 20/2/2020, the Respondent-workmen did not report for work. It was alleged in the chargesheet that the acts committed by the Respondent-workmen amounted to illegal strike causing unprecedent damage and loss to the Company. It was alleged in the chargesheet that the Respondent workmen committed serious misconduct under Clauses-24(a), 24(b), 24(k) and 24(l) of the Model Standing Orders.

(3.) The Respondent-workmen submitted their respective replies to the chargesheets on/or about 16/3/2020. The supplementary chargesheet was issued on 20/1/2021 alleging unauthorised absence from 20/2/2020 and misconduct under Clause-24(f) of the Model standing orders. By the supplementary chargesheet, a practising advocate was also appointed as Enquiry Officer. The Enquiry Officer conducted enquiry and submitted report dtd. 28/9/2021 holding that misconduct under Clauses-24(a), (k) (l) and (f) was fully proved. The misconduct alleged under Clause24(b) was held to be disproved. The Petitioner passed orders dtd. 29/9/2021 dismissing the Respondent-employees from service based on the findings of the Enquiry Officer.