ADITYA MILLS LTD Vs. JUDGE INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) THIS writ petition, under Article 226 of the Constitution of India, challenges the order of the Industrial Tribunal, Rajasthan, Jaipur dated November 20, 1982 passed under Section 33 (2) (b) of the Industrial Disputes Act, 1947.

(2.) AN application under section 33 (2) (b) of the Industrial Disputes Act, 1947 (hereinafter to be referred to as 'the Act') was filed by the petitioner for approval of the dismissal of Abdul Jabbar from the service of M/s. Aditya Mills Ltd. , Kishangarh. A domestic enquiry for mis-conduct under Rule 24 (b) Of the Industrial Employment (Standing Orders) Act, 1946 was held against Abdul Jabbar. The misconduct alleged against Abdul Jabbar was that a charge-sheet in respect of his absence from duty was given to him on February 8, 1982 at about 4. 00 p. m. After the receipt of the charge-sheet, Abdul Jabbar incited the workers of the Winding Department to close their work. The work was closed at 4. 00 p. m. The workers went on strike on the call given by Abdul Jabbar.

(3.) SH. H. R. Calla was appointed as Enquiry Officer. He examined the witnesses produced on behalf of the Management and also by Abdul Jabbar. Thereafter, he submitted his report to the Management declaring that all the charges levelled against Abdul Jabbar had been proved. The relevant portion of the Enquiry Report is being reproduced below :-