VIDYUT METALICS LTD Vs. KUSUM YELLAPURKAR

JUDGEMENT

(1.) The petition has been filed to challenge the order of the Industrial Court which has interfered with the order of the Labour Court under Section 44 of the M.R.T.U. & P.U.L.P. Act. The Labour Court, in the complaint filed by the respondent No.1 has declared that the petitioner had resorted to unfair labour practices by awarding a disproportionate punishment for the misconduct alleged against the 1st respondent. The Labour Court has set aside the punishment of dismissal and substituted it by an order of "removal from service" and compensation of Rs.63,000/- as "rehabilitation compensation". The petitioner Company was also directed to pay the other legal dues to the 1st respondent. The Industrial Court has set aside the order of the Labour Court and has granted reinstatement with 50% of the back wages.

(2.) The facts giving rise to the present petition are as follows:

(3.) It appears that a complaint was filed by the 1st respondent on 27.8.1991 against her dismissal from service. This complaint was filed under Items 1(a), (b), (d), (f) and (g) of Schedule IV of the M.R.T.U. & P.U.L.P. Act. The 1st respondent had pleaded in her complaint that there were no fixed norms of production. She had also pointed out that all other workers employed with her were giving the same production of 480 packets and not 544 as demanded by the petitioner. She has also pleaded that no action was taken against any of them, except one co-worker. The 1st respondent has also pleaded that she was actively involved in the functioning of the trade union in the petitioner Company which was not approved by the petitioner. She has contended that she has been victimized because of her trade union activities.