CAPSTAN METERS (INDIA) (M/S.) LTD. Vs. JUDGE

JUDGEMENT

(1.) This writ petition has been filed with the prayer that the action of the petitioner in awarding punishment of dismissal to the respondent-workmen be declared illegal and unjustified on the basis of material on record as they were found guilty of serious misconduct and their past record was also bad. By award dated 16.7.1996, the penalty of dismissal was held to be disproportionate to the gravity of charge and the same was substituted by withholding of grade increments from the date of dismissal of the workmen till the year 1995. This Court vide order dated 8.7.1997 stayed the operation of the said award, which order continues to be in force.

(2.) Facts of the case are that petitioner is a private limited company situated at Tonk Road, Jaipur. It is engaged in manufacturing of water meters. Respondent nos.2, 3 and 4 were served with a charge sheet on 18.5.1985 on the allegation that they entered the office of the Works Manager and abused and misbehaved with him and asked him to go out of the factory. In fact, they tried to physically throw him out of the factory and threatened him of murder. The Works Manager under compulsion went out of the factory. In the charge sheet, reference was also made to their past bad records. Reply to the charge sheet was filed by respondent no.2 in the capacity of General Secretary of union denying the charges. The reply was not accepted as satisfactory and a domestic inquiry was conducted against the respondents. It is contended that respondent nos.2 to 4 participated in the domestic inquiry. The inquiry officer submitted his report on 7.4.1986 and found the respondents guilty of the charges. Management agreeing with the finding of the inquiry officer and considering the past record of the respondents decided to impose penalty of dismissal by order dated 15.4.1986.

(3.) The respondent-union approached the Conciliation Officer. Upon failure of the conciliation efforts, the appropriate government referred the industrial dispute to the Labour Court, Jaipur. The respondents filed statement of claim contending that they were old workmen of the petitioner-management and their service record has been throughout satisfactory. Workman-Ganga Sahai Sharma was the President of the Union and workman-Sohan Lal was General Secretary upto the date of raising of the dispute and have been regularly participating in the activities. It was averred that the management has been making efforts to divide the union and for that purpose they sponsored INTUC union. The management did not regularly paying full wages to the workmen forcing the workmen to approach the Payment of Wages Authority for illegal deduction of their wages. In order to teach a lesson, the union served upon the management a demand letter dated 5.4.1985 asking for payment of 20% bonus under the signatures of Sohan Lal as General Secretary. The union then gave another letter dated 28.5.1985 to the management. The management being annoyed of these facts and in order to teach a lesson to the respondents, dismissed them from their services.