WILLIAM INDUSTRIES PVT LTD Vs. ANIL SHANTARAM SHINDE

JUDGEMENT

(1.) The petition challenges an order passed by the Industrial Court at Mumbai in an appeal under Section 84 of the Bombay Industrial Relations Act, 1946 ("BIR Act"). By the impugned order, the Industrial Court partly allowed the first Respondent's appeal against dismissal of his application under Sections 78 and 79 of the BIR Act.

(2.) The first Respondent was working in the Petitioner's factory as a Jobber in the Power Knitting Department since 1983. He was made permanent since 1986. On 22 August 1997, after office hours, the first Respondent is claimed to have confronted a fellow employee, one Mr.B.V. Pillai, abused and bet him outside the premises of the Petitioner. An office memorandum to show cause was issued to the first Respondent in relation to the incident. Finally, on 8 September 1997, a chargesheet was given to the first Respondent alleging misconduct under certified Standing Order No.20K, namely, "drunkenness, riotous, disorderly or indecent behaviour in the premises of the undertaking". In a departmental enquiry conducted in pursuance of the chargesheet, the Enquiry Officer found the first Respondent guilty of the charge. On the basis of the Enquiry Officer's report, on 15 September 1998, the Petitioner terminated the services of the first Respondent. The first Respondent challenged the termination in an application under Sections 77 and 78 of the BIR Act before the Labour Court at Mumbai. The Labour Court, in the first place, held the enquiry to be fair and proper and later on, by the impugned order, upheld the finding of the Enquiry Officer as also the punishment awarded as legal and proper. In an appeal filed by the first Respondent under Section 84 of the BIR Act, the Industrial Court partly allowed the first Respondent's appeal and set aside the impugned order of the Labour Court as also the order of termination passed by the Petitioner and held the first Respondent to be entitled to reinstatement of service with effect from the date of termination with full back wages and other service benefits. This order is challenged by the Petitioner in the present petition.

(3.) Learned Counsel for the Petitioner makes the following submissions :