NESTLE INDIA LIMITED, MOGA Vs. JASWINDER SINGH

JUDGEMENT

(1.) Nestle India Limited, Moga, District Faridkot, through its factory Manager, has filed the present petition under Articles 226/227 of the Constitution of India for issuance of a writ of certiorari and for the quashment of the order dated 23.5.1994 passed by the Presiding Officer, Industrial Tribunal, Punjab, Chandigarh, on the petitioner's application under Section 33(2)(b) of the Industrial Disputes Act, 1947 (for short 'the Act') vide which respondent No. 2 withheld the approval of respondent No. 1's dismissal from service. The petitioner has further prayed for the issuance of direction to respondent No. 2 to approve the dismissal of respondent No. 1 Jaswinder Singh.

(2.) The case set up by the petitioner is that respondent No. 1 was an unskilled worker in the employment of the petitioner since 12.10.1989 and he was on duty in the factory of the petitioner at Moga on 8.8.1992 from 2 p.m. to 10 p.m. At about 5.10. p.m. on that day, Mr. Amit Arora, Junior Technical Officer of the petitioner Company and the superior incharge of respondent No. 1 found the latter and one temporary worker Baljit Singh coming from the locker/cloak room and the officer made inquiries from respondent No. 1 and his co-worker Baljit Singh as to where they were coming from. Respondent No. 1 replied to the officer that he and his companion were returning after visiting the toilet. Mr. Amit Arora was not satisfied with the answer. It is alleged that thereafter respondent No. 1 Jaswinder Singh behaved (with) Mr. Arora in an insulting tone and threw a challenge that Mr. Arora might file a complaint against Jaswinder Singh and his companion wherever he pleased. It is further alleged that on the same day at 10.15 p.m., i.e. immediately after the closure of the B-shift when Mr. Arora accompanied by has colleague Mr. G.S. Kalra was returning to his home on a motor-bicycle, near the gate of the factory after the duty hours, Jaswinder Singh respondent No. 1 accompanied by a few other temporary workers including Baljit Singh intercepted Mr. Arora by giving him a signal. Upon this Mr. Arora stopped the motor-bicycle and enquired from respondent No. 1 and his companion as to what was the matter, upon which respondent No. 1 caught hold of Mr. Arora from his wrist and said "You have just joined the management and started bossing over." Thereafter Jaswinder Singh commanded Mr. Kalra, the pillion rider of the motor-bicycle to step aside and warned him against any interference and finally respondent No. 1 Jaswinder Singh in the presence of his companions and in the presence of Mr. Kalra gave slaps five times on the face of Mr. Arora and also warned him against reporting the incident to others. Nevertheless Mr. Arora reported the matter immediately to the management.

(3.) Respondent No. 1 was charge-sheeted and inquiry was held by which respondent No. 1 was held to be guilty and charges were found to be proved and finally respondent No. 1 was dismissed from service vide management order dated 4.12.1992 (Annexure P1). An amount of Rs. 2489/- by way of one month's wages was also tendered to respondent No. 1 with the order of dismissal.