NAKTALA IRON WORKS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal under clause 15 of the Letters Patent is directed against the judgment and order dated November 20, 1973, passed by a learned single judge of this court in Civil Rule No. 2931 (w) of 1970 which was earlier issued on a writ petition moved by the appellant-petitioner. In that writ petition the appellant-petitioner, the employer, challenged the validity of an award dated January 3, 1970, made by the Third Industrial Tribunal on a reference under S. 10 of the Industrial Disputes Act, 1947 (hereinafter referred to as the said Act).

(2.) One Md. Hossain was a workman in the factory of the appellant/petitioner. He was served with a charge sheet dated February 7, 1968, for gross misconduct, insubordination, dereliction of duties, violation of factory rules and unauthorised absence from duties. The charge levelled against the workman was that on February 5, 1968, he reported for duty at 8 a.m. in the morning but at 12 noon he went to the office of the Works Manager and verbally requested the Works Manager to give him leave for the day which the Works Manager could not allow due to heavy pressure of work in the factory and the Works Manager directed him not to leave the factory in the presence of two outside gentlemen present in the office at the time. He, however, openly flouted the order of the Works Manager shouting that he must go whether the Works Manager allows him leave or not and he actually left the factory at 12 noon.

(3.) The workman submitted an explanation to the aforesaid charge sheet. His defence was that he was feeling ill on that day from the morning and requested the Works Manager at 8 a.m. to allow him to go home for medical reason but since the Works Manager did not allow he continued to work with much difficulty up to 12 noon when it became extremely difficult for him to work he again approached the Works Manager for leave to go to the doctor. That he left the factory under such circumstances and later took medical aid from the panel doctor who granted him leave for two days.