RAMAESH K PULLELLU Vs. A DOR WELDING LIMITED

JUDGEMENT

(1.) The petitioner by writ petition No. 6462 of 1997 is challenging the order and award dated 27.5.97 passed by the Presiding Officer, 1st Labour Court, Pune in Reference IDA No. 98/89. Brief facts are as under:

(2.) The petitioner herein was working as a welder in the respondent company and he was also a representative of the workers on behalf of the union. The petitioner had joined the company with effect from 2.5.76.

(3.) The petitioner was issued a charge-sheet dated 20.4.1986 in which it was alleged that he had instigated the workers to go on illegal strike and disobey the orders of the superior and had led nearly 35 workers to leave the factory without obtaining signature of any of the authorities. It was also alleged that he was loitering in the company instead of going to the department and was instigating the workmen to attend the funeral of Shri Tambe who expired on that day. It was alleged that he was pressuring the other workmen in other departments to follow him. He was asked to submit his explanation for committing the serious misconduct under the Model Standing Orders of 1946 Items 24 and 26. The petitioner denied all the allegations and he has stated in his reply that he had tried to prevent workers from leaving the company's gate and requested them to go to work and persuaded the officers to relieve the 3-4 workers from each department. He also stated that he had taken the gate pass at 11.30 a.m. and had left for the funeral since he was representing for the union and as per the unwritten practice, 3-4 persons from each department are permitted attend the funeral.