HUKUMCHAND MILLS LTD Vs. INDUSTRIAL COURT

JUDGEMENT

(1.) THIS is a petition Under Articles 226 and 227 of the Constitution for securing the quashing of the order passed by the industrial court.

(2.) THE material facts are that respondent 3, John Randive, was a permanent workman in the electric department of the petitioner-mills. On 17 May 1961 the electrical engineer of the mills Sri Lokesh, who was Randive's superior, ordered him to repair a motor starter which was given to him. Randive refused to do the work on the ground that the said work did not form part of his duties. On hearing the reply a chargesheet was issued to him for his misconduct as contemplated under standing Order 21 (4 ). The charge was that he had willfully disobeyed the "lawful and reasonable order " of his superior. After the service of the chargesheet a departmental inquiry was held and Randive was found guilty of the aforesaid misconduct. He was consequently ordered to be dismissed by an order dated 22 May 1961. Thereafter the respondent Randive approached the petitioner with a request for the change in pursuance of the provision of Section 31 (3) of the Madhya Pradesh Industrial Relations Act, 1960, but without success. He consequently moved the labour court under Section 31 (3) read with Section 61 of the said Act for his reinstatement and for securing his back-wages. In the petition before the labour court Randive contended that the work of repairing a motor starter was not included amongst his duties, that he had not done that kind of work before and that consequently he had told Sri Lokesh that he was incapable of doing that work. In spite of these facts, it was said, an inquiry against him was held and he was ordered to be dismissed. The order, according to him, has been issued on the grounds which were not lawful and reasonable and therefore his conduct did not amount to misconduct.

(3.) IN answer to this petition It was replied on behalf of the mills that on 28 June 1958 the management of Hukumchand Mills and the Indore Mills Mazdoor Sangh, which is the representative union of the textile mills at Indore, entered into an agreement in good faith in respect of the wages and the workload of the employees working in the electrical department of the mills. As a result of agreement aforesaid the wages of the employees, including that of respondent 3 Randive of the electrical department, were increased with effect from 1 April 1958 and their workload was also fixed. It was alleged on behalf of the mills that the work of repairing the motor starter forms part of the duties of a wireman and Randive refused to carry out the order given to him by Sri Lokesh to do the work of repairing the motor start. The order given by Sri Lokesh, under the circumstances, was, according to the mills, a lawful and reasonable order. Randive bad disobeyed the same. He had consequently been found guilty of misconduct under standing Order 21 (4) and bad been dismissed.