BHARAT DHARMAJI BAWADHANKAR Vs. BAJAJ AUTO LTD

JUDGEMENT

(1.) The petitioner challenges the award of the Labour Court, passed in Reference (IDA) No. 120 of 1988. By this award, the Labour Court has rejected the reference.

(2.) The facts in this case are not in dispute. The petitioner was an office bearer of Trade Union, representing the workmen employed in the respondent factory at Pune. He was issued a charge sheet on 4th July 1979. Three specific acts of misconduct were alleged against him. The respondent had alleged that the petitioner had misrepresented and the workmen of the Engine Assembly and Automobile Department that one of their co-workers had been charge sheeted. He instigated the the workmen to commit acts of violence, criminal trespass, criminal assault, riot, criminal mischief and arson. This led to a large scale damage of the respondent No.1' s property. It was also alleged that the petitioner had stopped work in the department and instigated others in the department to accompany him for a meeting with the General Manager. It is alleged that after returning from the meeting, the petitioner incited the workmen to indulge in further acts of violance, due to which there was large scale destruction of the property of the respondent No.1 Company. The petitioner was therefore, charged for having committed acts of misconduct under 24(a), 24(b), 24(t), 24(l) and 24(q) of the Model Standing Orders.

(3.) The Inquiry was instituted against the petitioner wherein he was found guilty of the charges levelled against him. Consequently, the petitioner was dismissed from service. He raised an industrial dispute, demanding reinstatement in service with continuity and backwages. This dispute was referred for adjudication to the 1st Labour Court Pune, vide Reference (IDA) No. 87 of 1984.