CHANDRAKANT KRISHNAJI SHEWATE Vs. TATA MOTORS LIMITED FORMERLY KNOWN AS TATA ENGINEERING AND LOCOMOTIVE CO LTD

JUDGEMENT

(1.) Since both these Letters Patent Appeals challenge the same judgment dated 23/12/2005 passed by a learned Single Judge of this Court in Writ Petition No.7589 of 2000, both these Letters Patent Appeals are decided by this common judgment. By the said impugned judgment the learned Single Judge of this Court had set aside the award part II passed by the Labour Court at Pune, dated 04/01/2000. For the sake of brevity, the appellant in LPA No.241/06 is referred by his name Shewate and the respondent in LPA No.241/06 is referred as TELCO. LPA No.31/06 is filed by TELCO against Shewate. The Labour Court, Pune had dismissed the Reference made by the Deputy Commissioner of Labour, Pune u/s 10(1)(c) r/w 12(5) of the Industrial Disputes Act, 1947. The Labour Court had passed the said Award part II in Reference (ID) No.28 of 1991. Thereby Shewate's dismissal was confirmed. While allowing the Writ Petition, the learned Single Judge did not pass the order of reinstatement with continuity of service and backwages to Shewate and granted only compensation in the form of 40 months wages calculated at his last drawn wages and also granted gratuity and Provident Fund accordingly. Both parties were aggrieved by the said order to the extent to which it affected them. Hence the parties have filed the present appeals.

(2.) The brief facts necessary for the decision of these appeals are as follows;

(3.) On 15/03/1989 the incident which was the subject matter of the enquiry initiated against Shewate took place. It is the case of TELCO that on 15/03/1989 Shewate along with other workmen prevented others from entering factory premises at Pimpri. Shewate and others assaulted one Gulab Shankar Nevale and Prakash Mahadeo Warade at 08.15 a.m. thereby preventing them from attending work. Gulab Nevale and Prakash Warade went to Pimpri Police Station, and thereafter they were treated in Sasoon Hospital.