LAWS(ORI)-1968-12-2

HINDUSTHAN STEEL LTD Vs. THEIR WORKERS

Decided On December 18, 1968
HINDUSTHAN STEEL LTD Appellant
V/S
THEIR WORKERS THROUGH ROURKELA MAZDOOR SABHA Respondents

JUDGEMENT

(1.) THE petitioner, Hindusthan Steel. Ltd. , challenges the award of the labour court, Orissa by which it directed the management of Hindusthan Steel, Ltd. , to reinstate their dismissed workman, opposite party 2, Udayanath Patra, with half of his back wages,

(2.) THE charges of misconduct on which the workman was chargesheeted, were wilful insubordination and disobedience of orders of superiors and negligence in duty resulting in stoppage of work in that on 10 August 1962, the opposite party 2, a crane operator, was asked to take out the fourth spindle at about 9-30 p. m. , but he refused to carry out the order and did not do his work after 9-30 p. m. even though he had taken more than adequate relief by not working from 3-30 to 6-30 p. m. as a result of which the work had to suffer-all as stated in the chargesheet.

(3.) THERE was a departmental enquiry held by an enquiry committee who found the workman guilty of gross misconduct of disobedience of orders and he was dismissed. The workman, represented by Rourkela Mazdoor Sabha, opposite party l, submitted that the action taken by too management was wrong, improper and unjustified as the same was actuated by motives of victimization,