ASSAM ROOFING LIMITED Vs. MUNCHI RAI AND ORS.

JUDGEMENT

(1.) Heard Mr. S. N. Sarma, the learned senior counsel appearing for the petitioner/management. Also heard Mr. S. Das, the learned counsel appearing for the respondent No.1 (workman).

(2.) The workman was dismissed from service on 5.7.1999 (Annexure-7) in pursuant to the finding of the Inquiry Officer and since the conciliation attempt failed, the Government framed a reference under Section 10(1)(c) of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the ID Act' ), on the following two points for adjudication by the Labour Court:

(3.) The workman was engaged in the night shift duty in the factory of M/s. Kamakhya Udyog (P) Ltd. (now taken over by M/s. Assam Roofing Limited). The duty of the workman in the manufacturing process of PVC pipes was to operate the mixture machine, to mix the powder and chemicals and to put the raw materials in the machine in the automatic process. But while discharging his night shift duty from 10 P.M. on 1.2.1999 to 6 A.M. of 2.2.1999, the workman was found to be fast asleep and accordingly the charge memo was given to him on 13.2.1999 (Annexure-2) with the following 3 charges: