WIMCO SRAMIK UNION Vs. SEVENTH INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) THIS appeal from original order is directed against the judgment and order dated 23rd February 1982 passed in civil Order No. 1238 (W) of 1982 by G. N. Ray, J. By the said determinations, the learned Judge has upheld the decision of the Seventh industrial Tribunal, in a reference made under section 10 to the effect as to whether the dismissal of Shri Sudev Ghosh was justified and to what relief, if any, was he entitled, made under section 10 of the industrial Disputes Act, 1947 (hereinafter referred to as the said Act ).

(2.) THE Respondent M/s. Wimco Limited is admittedly a company registered under the Indian Companies Act, 1956 and the same has been stated to be a flourishing one, having monopoly in the manufacture of matches. It has further been stated" that the conditions of service and terms of employment of the workmen of the Respondent Company's factory, were and are governed by a set of Standing Orders certified under the Industrial Employment (Standing Orders) Act, 1946, apart from various settlements, arrived at bipartite and tripartite level, between the Respondent Company and their workmen represented by the petitioner Union. The employee concerned viz. Shri Sudeb Ghosh was also claimed to be a member of the petitioner Union and it has been stated that he was comployed as a Fitter in the W. S. P. Department in the factory of the Respondent Company, since 1950. It has also been alleged that the employee concerned was not only a very old one but also was faithful and sincere to the Respondent Company and he had spotless record for about 26 years. On 7th November 1976, when according to him a concocted incident and a purported' charge sheet, purportedly under clauses 52 (d) and 52 (p) of the Standing Orders was issued under the signature of the Regional Manager of the Respondent Company.

(3.) THE charge-sheet, which is in Annexure -A to the writ petition and was dated 7th November 1976, was issued on the allegations as indicated below :-