M. VIJAY KUMAR Vs. CALICO CHEMICALS PLASTIC & FIBRES DIVISION, AHMEDABAD MANUFACTURING & CALICO PRINTING CO. LTD. & ORS.

JUDGEMENT

(1.) Calico Chemicals, Plastic and Fibres Division was taken over by Ilac Limited in 1983. M. Vijaykumar was working as a chemist in this Division right from 1962. On 10th Aug. 1973 there was partial strike in the Division which continued till 17th March, 1974. On 18th March 1974, the workmen including Vijaykumar esumed duties. He was issued an order of suspension on the same day and on 4th April, 1974, a charge-sheet.was served on him. The charges which were three in number consisted of misconduct of lending money to the employees, sleeping on duty on 9th Aug. 1973 and remaining on illegal strike from 10th Aug. 1973 till 17th March 1974. Replies to the charge-sheet were submitted by Vijaykumar and the inquiry commenced on 18th April 1974. The inquiry dragged on right upto 24th April 1976 when it was closed and on 28th Dec.1976 the Inquiry Officer submitted his finding to the Disciplinary Authority. On 26th April 1977, the employer dismissed Vijaykumar which dismissal was challenged by him before the Second Labour Court in Reference (IDA) No. 125 of 1978.

(2.) The Labour Court absolved Vijaykumar of the charges about sleeping on duty and indulging in lending money to employees but found that the charge of unauthorised absence from duty by participating in the illegal strike from 10th Aug. 1973 to 17th March 1974 is proved. The Labour Court also found that the dismissal is legal and proper which the workman Vijaykumar has challenged by Writ Petition No-4229 of 1983 while the employer challenges the findings on the other two charges absolving the employee by Writ Petition No.2316 of 1984 which petitions have been heard together and are being disposed of by this common judgment.

(3.) As regards the finding of the Labour Court in absolving the workman on the charge of sleeping on duty, Shri Ramaswami urged at the bar that the Labour Court should not have disbelieved the testimony of a Senior Officer like Subramaniam who rushed to the Neutralisation Plant after getting a smell of excess chlorine, found someone (whom he later on discovered to be Vijaykumar) and rebuked him for sleeping on duty.