KRISHNA ELECTRICALS INDUSTRIES LTD Vs. PURSHOTTAM

JUDGEMENT

(1.) As common questions are involved in all these three petitions and challenge made is to a common award dated August 10, 2003 passed by the Labour Court, all the three petitions are being disposed of by this common order. Respondent employees in all these three cases were working in the Establishment of the petitioners which has its manufacturing unit in Industrial Area Banmore.

(2.) It is the case of the petitioners that respondent- employees committed serious act of misconduct on May 26, 1991 inasmuch as they assaulted one Kalyan Singh an employee of the petitioner's establishment who was on duty at the relevant time. Because of this an FIR was lodged. Respondent-employees were prosecuted for having committed offences under Sections 307 and 506 of the Indian Penal Code. A charge-sheet was also issued to them and after conducting departmental enquiry, their services were terminated.

(3.) On a dispute being raised, the dispute was referred for adjudication to the Labour Court No. 2 Gwalior vide Annexure R-l/A on June 30, 1992 filed in W.P. No. 69/2001. Similar orders of reference have been passed in the other cases also to the Labour Court. Statement of claim was filed by the respondent-employees, petitioner filed their written statement, issues were framed and by an order dated November 30, 1999 Annexure-P/12, a preliminary issue with regard to validity of the Departmental enquiry conducted by the petitioner was decided. It was held by the Labour Court that the enquiry conducted by the employer is illegal and, therefore, quashed the same. However, liberty I was granted to the petitioners to prove the allegations levelled against the employees by adducing evidence before the Labour Court. Accordingly, petitioners examined four witnesses in support of the allegations made in the charge-sheet. Respondent- employees examined themselves and on the basis of the evidence that have come on record, by the impugned award, Labour Court has held that the misconduct alleged against the employees' are not proved and, therefore, directed for their reinstatement with full back wages. The aforesaid award is challenged in this petition.