SATISH GANESH SAPHTARSHI Vs. KIRLOSKAR OIL ENGINES LIMITED

JUDGEMENT

(1.) THIS is a writ petition under Article 226 of the Constitution of India directed against an Order of the First Labour Court, Pune, dated 30th April, 1986, in Complaint (ULP) No. 13 of 1984, under the provisions of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (hereinafter referred to as "the Act" ).

(2.) THE petitioners are the ex-workmen of the first respondent- Company, which carries on manufacture of oil engines in its factory at Kirkee, Pune. It appears that the workmen of the first respondent were represented by two different unions of divergent views, viz. , Association of Engineering Workers, to which the petitioners belonged, and another I. N. T. U. C. affiliated union, by name Rashtriya Engineering Shramik Sangh. There was a practice of paying homage to the memory of Chhatrapati Shivaji Maharaj, every year, on Shiva Jayanti day, during which the workmen would offer floral tributes to the photograph of Shivaji Maharaj in the workshop 24th April, 1982 happened to be the day of Shiva Jayanti. Floral tributes were offered to the photograph of Shivaji within the premises of shop A. There was an altercation between workmen during the course of which two workmen, by name Kul and Aphale, were assaulted. Kul was seriously injured and suffered a fracture of his nasal bone. The petitioners were served with charge-sheets dated 13th May, 1982, in which it was alleged that, though permission to hold the pooja of Shivaji Maharaj had been granted only to representatives of Rashtriya Engineering Shramik Sangh, and despite request for permission to perform pooja in Shop A, the petitioners had been specifically informed that, after the official pooja was performed, a similar pooja on behalf of the union of the petitioners would be performed only by one of the officers concerned, they had taken the law into their own hands and created disturbance during the pooja, causing a violent incident in which the petitioners had severely assaulted two workmen by name Kul Aphale. For this act, the petitioners were charged with misconducts under Standing Orders 22 (11) and 22 (12) and called upon to face an inquiry

(3.) IT may be mentioned here that on the 24th and 26th April, 1982, several reports were made to the Management of the first respondent with regard to the incident which took place during the pooja and the circumstances under which the two workmen were assaulted. They were : report by H. V. Gokhale, Executive (Engine Production), made on 26th April, 1982. A report dated 24th April, 1982 was made by D. A. Kulkarni of Time Office, a report dated 24th April 1982 made by K. E. Shinde, Security Officer, a report dated 26th April, 1982 made by S. S. Athalye, Manager of Machine Shop A and a report dated 26th April, 1982 made by P. G. Vaidya, Line Engineer. There were also written complaints made by Sadashiv Kul and S. V. Aphale, both dated 24th April, 1982, and a counter-complaint made by Satish Saphtarshi of the petitioners union on the same day, i. e. , 24th April, 1982. In addition to making a complaint to the Factory Manager, Saphtarshi had also filed a police complaint on the date of the incident itself. Subsequently, cross-complaints were filed with the Police by Kul and Aphale. The then Factory Manager, S. G. Gujjar, had also made preliminary inquries into this incident. As a result of all this material, the Management of the First Respondent decided to issue charge-sheets to the petitioners, and that is how the domestic inquiry came to be conducted against them.