GENERAL SECRETARYBEST WORKERSUNION Vs. GENERAL MANAGER BEST UNDERTAKING

JUDGEMENT

(1.) THE petitioner being a General Secretary, was an active Union member and an office bearer of the BEST Workers Union. He, therefore, claimed to be a protected employee under S. 101 of the Bombay Industrial Relations Act (BIR Act ). The petitioner was charge sheeted under Standing Order Clause 20 (i) and (r ). Due enquiry was conducted. As per the charge sheet dated 6th May 1995, it was alleged that the petitioner assaulted to Acharekar, Ashok Honmukhe and one Ramesh Gaonkar, fellow workers, with Bamboo sticks, outside Dindoshi Bus Station gate, at about 9. 15 p. m. , on 6-5-1995. This was a second incident, as alleged. The Criminal prosecutions are also initiated against the petitioner. Criminal Case bearing C. R. No. 293/95, against said employee, under S. 320, 307, and 324 of Indian Penal Code is still pending. As alleged, the charge sheet was issued some times in the year January 1996 i. e. beyond a period of six months, as contemplated in Section 78 (1) (D) (i) of the BIR Act. After due inquiry, a punishment of dismissal was recommended by the enquiry officer on 11-6-1996. The said punishment was implemented on 22-10-1997, after getting due permission from the Labour Court.

(2.) RESPONDENT no. 1 the BEST Undertaking had filed an application (BIR-M) No. 824/96 for permission to impose punishment of dismissal dt. 12th June, 1996. There was a delay of more than two years. The second appeal was rejected on 17/2/1998. On 30th March 1998 the petitioner approached respondent no. 1, but in vain.

(3.) BEING aggrieved by the order dated 17th February, 1998 petitioner therefore, preferred an application (BIR) No. 31 of 1998 before the IInd Labour Court, Mumbai. By an order of 7th March, 2002 the Presiding Officer rejected the said Application by holding that petitioner was not entitled for the reinstatement and the continuity of service. That resulted into confirmation of the dismissal order.