GOREGAON PETROL SUPPLY CO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule, returnable forthwith. By consent of Counsel and at their request taken up for hearing and final disposal.

(2.) The First Petitioner is a partnership firm which conducts a Petrol Pump at S. V. Road, Goregaon. An incident took place on 22nd March, 2006, when three workmen including the Third Respondent were called to the cabin of a partner to enquire about another workman, Soma Ghadshi, who was not reporting for duty and had not furnished a written intimation for overstaying the period of leave. The aforesaid workman had been asked by the management on 20th March, 2006 about his unauthorised absentism and was directed to submit his written explanation. It was reported by the management that the Third Respondent asked the co-workman not to furnish anything in writing. When the Third Respondent was asked to explain his conduct, it was alleged that he started shouting and used filthy language against the partner of the Petitioner and threatened that the Petrol Pump would be shut down if the management addresses any query to the co-employee. The Third Respondent was suspended on 22nd March, 2006. Following the suspension, the workman addressed a letter on 23rd March, 2006 apologizing for the incident. A collective letter was addressed by all the workmen on 1st April, 2006 apologizing for the incident and seeking a revocation of the order of suspension that was issued to the Third Respondent. A letter was also addressed on behalf of the Union on 1st April, 2006.

(3.) The management issued a charge-sheet on 27th March, 2006, setting out the aforesaid allegation and charging the workman inter alia with willful insubordination and of the commission of an act subversive of discipline. An Enquiry Officer was appointed and the workman was allowed to be represented by a defence representative who was an Advocate. During the course of the enquiry, the workman accepted that he had signed a letter of apology, Exhibit 11, and stated that its contents were true. The workman also accepted the correctness of the collective letter signed by all the workmen. The Enquiry Officer came to the conclusion that the charge of misconduct was proved, in his report dated 26th June, 2006. A copy of the report was forwarded to the workman on 30th June, 2006. An order of dismissal was passed on 3rd July, 2006.