SUKLAL YADAV MARATHE Vs. SUPREME INDUSTRIES LTD.

JUDGEMENT

(1.) Petitioners herein, who are in employment of respondent company, have invoked Article 226 and 227 of the Constitution of India, alleging unfair labour practices and have thereby prayed to quash and set aside judgment and order passed by Labour Court, Jalgaon and Industrial Court, Jalgaon dtd. 30/7/2010 and 20/11/2013, respectively.

(2.) Brief background of the case is that, petitioners were in employment of respondent company as 'operators' since 1984 and 1996, respectively. They were served with show cause notice dtd. 27/2/2004 and in spite of their reply, they stood dismissed from the service w.e.f. 2/3/2004. Charges against them were that on 16/4/2002, they assaulted and abused Dilip Baviskar and Ashok Baviskar, who were Union Representatives. Consequently, for misconduct and disorderly behaviour initially show cause notice was issued, and thereafter, they both came to be dismissed from service.

(3.) Learned counsel for petitioners would submit that, both petitioners were permanent employees and were rendering work as 'Operator' in the respondent company and were drawing wages continuously from 1984 and 1996, respectively. He pointed out that, some incident took place on 16/4/2002, but apparently the said incident had taken place outside the factory gate, and therefore, no occurrence have ever taken place inside the factory premises so as to issue show cause notice or take action.