KHUSHALBHAI HIRABHAI PATEL Vs. NATIONAL GENERAL KAMGAR UNION

JUDGEMENT

(1.) This is a petition by the employer and in this petition he has impugned the order dated 30th March, 1973 passed by the Industrial Tribunal, Bombay in Reference (IT) No. 212 of 1969. A few facts may be stated. :

(2.) The petitioner is the proprietor of a concern called Chemical Development and Construction Corporation, which has a small factory at Ghodbunder Road, Thane. At the relevant time he employed about 22 workmen in his factory. By a notice dated 14th August, 1968 the petitioner retrenched 7 workmen out of 22. The retrenchment was to be effective from 14th September, 1968. The petitioner claims that on and from 3rd September, 1968 all the 22 workmen in the establishment, including the 7 who had been served with a notice of retrenchment, went on a strike. By a notice dated 17th September, 1968 the employer called upon the striking workmen to resume work. This was not done, and a charge sheet and a show cause notice were issued on 19th September, 1968 to all the workmen who were on strike. According to the petitioner, the show-cause notice and the charge-sheet was served on 15 workmen (who had obviously not been served with the retrenchment notice and who are described in the petition as the remaining 15 workmen).

(3.) The workmen did not attend the inquiry proceedings. The Inquiry Officer recorded the evidence ex parte and gave his findings, and by an order dated 25th September, 1968 these workmen were dismissed.