KESHAV SOMA TAWDE Vs. STATE PEOPLES PVT LTD

JUDGEMENT

(1.) The original petitioner-Keshav Soma Tawde (since deceased) was in the permanent employment, as a compositor, on monthly salary of Rs. 464 for 29 years, of the first respondent, State Peoples (Private), Ltd., Company, Janmabhumi Bhavan, Ghoga Street, Fort, Bombay 400 001. He was charge sheeted on 22nd June 1977, on the allegation that he was involved in an offence of theft of the property belonging to the first respondent and that he absented from duty. He has submitted explanation to the charge sheet on 28th June 1977, denying the allegation made against him. Thereafter, a domestic enquiry was held in which he was found guilty and ultimately by an order, dated 9/19 November 1977, he was discharged from service with immediate effect.

(2.) Aggrieved by the said action of the first respondent, the said workman lodged a complaint with the Government Labour Officer, Bombay, for his restatement with continuity of service and back-wages. However, the first respondent refused to take him back in the service and hence, the Government Labour Officer was constrained to close the proceeding on 22nd September 1978. The workman then submitted the demand to the first respondent on the same day for his reinstatement with continuity of service and back-wages. The first respondent rejected his demand by a letter, dated 26th September 1978.

(3.) Thereafter, the workman by his letter, dated 2nd October 1978, approached the Deputy Commissioner of Labour (Administration), Bombay, seeking his intervention in the dispute. Accordingly, conciliation proceedings were initiated on 16th October 1978, and the demand of the workman was admitted in the conciliation on 21st November 1978. In the course of conciliation proceeding, the first respondent expressed willingness to settle the dispute on monetary basis and sought adjournments on many occasions but did not settle the dispute. Consequently, the Conciliation Officer recorded failure report on 19th January 1979, and submitted the same to the Deputy Commissioner of Labour (Administration). Bombay. Thereafter, the dispute was referred to the second respondent presiding over the Eighth Labour Court, Bombay, for proper adjudication. On appreciation of the evidence adduced before him and after giving a reasonable opportunity of being heard to the parties, the second respondent by his award, dated 29th June 1982, held that the domestic enquiry was proper and fair and was conducted in observation of the principles of natural justice and that the findings of the enquiry officer were not perverse and further that the punishment inflicted on the workman was justified. He accordingly rejected the reference. The said award passed by the second respondent was impugned in this writ petition under Art. 226 of the Constitution. During the tendency of this writ petition, the original petitioner, Keshav Soma Tawde, died and, therefore, the petition is continued and proceeded by legal heirs and representatives of the said Keshav Soma Tawde, i.e., the petitioners IA and IB.