CROMPTON GREAVES LTD Vs. SHARAD MAHESHWARI

JUDGEMENT

(1.) This petition filed under Article 227 of the Constitution challenges the impugned award of Labour Court dated 28.1.2011 passed in Case No. 6A/IDAct/09 (Ref) by Labour Court No.2, Gwalior.

(2.) The respondent workman was working as a Technician in the petitioner Industry at Malanpur. A charge sheet dated 13/12/2005 was served on the workman alleging that on 15.10.2005, the workman was on duty in shift "B". On the said date, he mis behaved with Shri Sanjay Goyal, maintenance incharge and with Shri A.N.G.Rao, a superior officer. It is alleged that workman has used filthy language against him. Besides the said charge, it is further alleged that on 1.12.2005 the workman joined his duty in shift "B" which was scheduled to be started at 3-30 PM but he forcefully entered the factory before the scheduled time and mis behaved with security guards. He involved himself in an agitation organized by technicians of "A" shift. The said agitation created nuisance in the factory premises. The workman used filthy language against superior officer, Rajvinder Singh. Because of the said incident, work of factory was stopped for a considerable long time.

(3.) The respondent workman denied the allegations mentioned in the charge sheet by filing reply (Annexure P-3). In turn, the employer appointed an enquiry officer to conduct a domestic enquiry. The enquiry started on 6.1.2006 and ended on 3.8.2007.