THERMAX LIMITED Vs. VISHWANATH N JADHAV

JUDGEMENT

(1.) These two petitions are filed by the employer and the workman, respectively, against the order of the Industrial Court refusing to vary the order of the Labour Court and dismissing both the revisions filed by the parties. The Labour Court has held that the workman is guilty of misconduct as enumerated in Clauses 24(a) and. (1) of the Model Standing Orders. However, the Labour Court took the view that punishment of dismissal from service is shockingly disproportionate and, therefore, allowed the workman's complaint partly.

(2.) The workman Vishwanath N. Jadhav was working as a Fitter with the employer, Thermax Limited, Pune. He was charged with insubordination and commission of an act subversive of discipline or good behaviour on the premises. The incident which led to the charge is as follows: -

(3.) The order of the Labour Court was questioned by both the parties on grounds relevant to each one of them before the Industrial Court. The Industrial Court, as stated above, has dismissed the Revision Application.