VILAS VITHALRAO TAKALE Vs. JAYA HIND INDUSTRIES LTD

JUDGEMENT

(1.) The challenge in these proceedings under Articles 226 and 227 of the Constitution is to the orders passed by the Labour Court on 3rd June, 1994 and 20th May, 1995 in a complaint of unfair labour practices and an order dated 16th October, 1996 passed by the Industrial Court in revision.

(2.) The Petitioner was employed as a junior clerk with the First Respondent since 13th January, 1972. Two charge-sheets were issued to the Petitioner by the management the first dated 3rd June, 1991 in respect of an incident which was alleged to have taken place on 29th May, 1991 and the second dated 29th October, 1991 in respect of an incident which is alleged to have taken place on 28th September, 1991. The allegations in the first charge-sheet issued were to the following effect :

(3.) In the second charge-sheet it was alleged that when the Petitioner was present in the general shift on 28th September, 1991 his superior went to his department at 3.00 p.m. in order to arrange and complete the work relating to excise matters that was assigned to the Petitioner. The superior pointed out to the Petitioner that he had not made several entries in the AR 3-A register at which point of time the Petitioner is alleged to have shouted at the superior and to have abused him in filthy language. The words used have been reproduced in the charge-sheet which, for the sake of propriety it would be perhaps appropriate not to extract in this judgment. The Petitioner was charged with misconduct under Standing Orders 22(a) and 22(l) viz. of the commission of an act involving willful insubordination or disobedience of any lawful and reasonable order of a superior and the commission of an act subversive to discipline or good behaviour on the premises of the establishment. A disciplinary enquiry was held and in pursuance thereof an order was passed on 24th July, 1992 dismissing the Petitioner from service.