M/S. VIDYUT METALLICE LTD. Vs. SHRI SANJAY BALKRISHNA PAWAR AND THE HONBLE PRESIDING OFFICER, 3RD LABOUR COURT

JUDGEMENT

(1.) THE Applicant company who is original Respondent in Complaint (ULP) No. 566 of 1997 pending before the Third Labour Court, Thane has preferred this revision application against the order passed below Exh. U -2 on 31st December 1997. In short, the facts leading to this Revision Application can be stated as follows:

(2.) THE Complainant has pleaded that in the Wrapping Department, the bundle of Wrappers are required to be bent with the help of right hand. This activity is required to be done individually and not jointly or collectively with others. The bundle consists of about 1000 wrappers and, therefore, the strength of hand and specifically of the right hand thumb is required for doing the duty efficiently and effectively. Because of the injury to the thumb, he could not give the production to the extent of the said norms.

(3.) IT is further pleaded that as per the interim agreement, an amount of Rs. 600 per month is paid to each of the employees on his giving production as per norms. In case, there is any short -fall on account of his personal reason, amount can be deducted and in case, if he makes good. The loss in future, the amount can be restored to him. The Complainant was not given enough time to improve his production and to give the same as per agreed norms. The Complainant and 80% of the workers of the company have now left Kamgar Sabha and joined Bhartiya Kamgar Karmachari Mahasangh some time in August 1995, Kamgar Sabha is still a recognised union. The Complainant claims that the Respondent No. 1 would take action at the instance of Kamgar Sabha and the enquiry conducted is by way of victimisation. The Complainant claims that the Respondent be restrained from dismissing him without following due process of law and further direction for payment of 100% subsistence allowance till the disposal of the complaint. It is further prayed that in the event of termination of his service, he be reinstated along with the back wages.