YESHWANT GANGARAM PANDAV Vs. ASEA BROWN BOWERY LTD

JUDGEMENT

(1.) BY this Writ Petition, substantially under Article 227 of the Constitution of India, the Awards of the Labour Court, Nasik, dated 31st December, 1987 and 4th January, 1991 made in reference (IDA) No. 10 of 1984 under the provisions of the Industrial Disputes Act, 1947, (hereinafter referred to as 'the Act') are impugned.

(2.) THE petitioners are ex-employees of the 1st respondent which owns and runs a factory at Pune manufacturing Engineering Goods.

(3.) ON 25th March 1982 the workmen working in the industrial department of the 1st Respondent resorted to a strike which was continued from 8. 45 a. m. on 26th March 1982 till 21st August 1982 on which day it was withdrawn. The said strike was held to be an illegal strike by an order of the Labour Court, Nasik, dated 30th April, 1982 made in Reference (ULP) No. 5 of 1982 under Section 25 (1) of the Maharashtra Recognition of Trade Unions and Prevention of Unfair labour Practices Act, 1971. 14 workmen of the 1st Respondent were served with identical charge-sheets on 25th May, 1982 alleging that they had instigated an illegal strike with effect from 26th March 1982 and despite the said strike having been declared to be illegal by the labour Court, Nasik on 30th April, 1982, they had not withdrawn the illegal strike as required under law and that they had actively participated in and were acting in furtherance of the illegal strike till the date of the service of the charge-sheet. Misconducts under Model Standing Orders 24-A, 24-B, 24-K and 24-L were alleged against the concerned workmen who were called upon to attend the inquiry. Out of the said 14 workmen, we are only concerned with the cases of the 3 writ Petitioners before this Court, as the cases of the other workmen were settled under a settlement between the 1st Respondent and the Union representing the workmen of the 1st respondent factory.