SHRI SHIVAJI VISHNU DESAI Vs. THE MANAGING DIRECTOR, SHRI WARANA SAHAKARI DUDH UTPADAK PRAKRIYA SANGH LTD.

JUDGEMENT

(1.) THIS is a revision by Original Complainant challenging legality of judgment and order to the extent of refusal of back wages, passed in complaint (ULP) No. 90 of 1981 by learned Labour Court, Kolhapur, whereby he is ordered to be reinstated with continuity of service but without back wages. Admittedly, present Petitioner (hereinafter referred to as the Complainant started working under present Respondent (hereinafter referred to as the Dudh Sangh) as a supervisor from 30th September 1972.

(2.) A strike took place in the year 1981 in the Dudh Sangh. The Complainant participated in the strike. The strike actually commenced on 4th January 1981. The Dudh Sangh then filed reference (ULP) No. 19/80 under section 24 and 25 of the M.R.T.U. and P.U.L.P. Act, 1971 before the Labour Court, Kolhapur. The Labour Court then declared, vide judgment and order dated 28th January 1981 that the strike is illegal.

(3.) THE Dudh Sangh then served chargesheet upon the Complainant on 23rd July 1981 alleging three misconducts viz. (i) participation in illegal strike from 4th January 1981 to 27th January 1981, (ii) failure to join within 48 hours on declaration by the Labour Court that the strike is illegal and (iii) unauthorised absence on duty from 1st June 1981 to 23rd July 1981 and that too without satisfactory explanation. The enquiry was kept on 31st July 1981. Notice thereof was duly served upon the Complainant on 27th July 1981. Enquiry officer observed that the Complainant is absent on 31st July 1981, no application for adjournment is filed and then proceeded ex -parte against the Complainant. He then completed the enquiry on same day i.e. 31st July 1981 holding that charges of misconducts levelled against the Complainant are proved. The Dudh Sangh accepted the enquiry report and terminated the Complainant with effect from 3rd August 1981.