FORCE MOTORS LIMITED Vs. SHRIKRISNA SHIVRAM TUNGAR

JUDGEMENT

(1.) THIS petition is directed against the Part-II Award passed by the IIIrd Labour Court at Pune in reference (IDA) No. 150/1985 on 23-12-1996 and as per the said Award the respondent workman was directed to be reinstated in his original post with continuity of service and 50% backwages.

(2.) THE Petitioner is a Company incorporated under the Companies Act, 1956. It was earlier known as "bajaj Tempo Limited" and subsequently it has been renamed as "force motors Limited". It has a factory at Akurdi, pune and it manufactures commercial vehicles. The respondent workman was employed in the said factory. He was issued a charge-sheet on 18-2-1983 and it was alleged that on 22-1-1983 while he was on duty in the first shift, he had gone to the Inspection Department and whistled and hooted and forcec the other workmen to stop the work. A departmental enquiry was instituted against him and the enquiry officer submitted his report on 19-10-1984. The enquiry officer held that the respondent was present in the first shift on 22-1-1983 and he was guilty of the acts of misconduct levelled against him as per the charge-sheet. Consequently, he was dismissed from service by way of punishment vide the order dated 20-10-1984 and the said dismissal order stated that his past record of service was also taken into consideration. The respondent raised an industrial dispute for his reinstatement and the said came to be referred to the Labour Court for adjudication in Reference (IDA) No. 150/1985.

(3.) ON 18-1-1994 the Labour Court passed the Part-I Award holding that the enquiry conducted against the respondent was not legal, fair and proper and the findings of the enquiry officer were perverse. The said Award came to be challenged before this Court in writ Petition No. 1456/1994 which was summarily dismissed on 28-3-1994. The Petitioner Company, therefore, filed Letters Patent Appeal No. 72 /1994. By an inter-locutory order dated 12-4-1994 the Part-I Award was stayed and the Labour Court was directed to proceed further as if the enquiry held was fair and proper. On the final findings of the labour Court, liberty was granted to either sides to move this Court, if necessary. On passing of the impugned Award, LPA No. 72 /1994 came to be disposed off on 9-1-2002.