J.C. MILLS LTD., GWALIOR Vs. MANGILAL

JUDGEMENT

(1.) These are two petitions under Articles 226 and 227 of the Constitution of India. These are W.P. No. 519 of 1985 (J.C. Mills Ltd., Birlanagar Vs. Mangilal and others, 1994(4) S.C.T. 736) and W.P. No. 892 of 1985 (Mangilal Vs. The Factory Manager J. C. Mills, Birlanagar and others). One has been preferred by the Management and the other has been preferred by the workman.

(2.) The facts as detailed in W.P. No. 519/85 be seen.

(3.) The respondent No. 1 was working as a jobber with the petitioner-Mills. On 2nd of Oct., 1977, the respondent No. 1 was on duty. A workman who was on regular duty was absent. A Badali workman had to be provided. It is alleged that in the matter of providing the Badali workman the respondent No. 1 did-not adhere to the roaster prepared in this behalf. When this happened the immediate supervisory officer, namely, Shri Sinha told respondent No. 1 that the course adopted by him was not proper as this would lead to labour unrest. It was suggested that the workman who was entitled to be taken on Badali should be posted. This suggestion infuriated the respondent No. 1. It is stated that he not only used filthy abuses but also manhandled him. The abuses which were hurled by the respondent No. 1 have been detailed in Annexure P/10, and are not fit to be reproduced here. It is further stated that the workman was under the influence of alcohol.